NORTH  CAROLINA 


FISHING  LAWS 

1923 


CHAPTER  37.  CONSOLIDATED  STATUTES 

AS  AMENDED 


ISSUED  BY 

FISHERIES  COMMISSION  BOARD 


NORTH  CAROLINA 


FISHING  LAWS 

1923 


CHAPTER  37,  CONSOLIDATED  STATUTES 
AS  AMENDED 


ISSUED  BY 

FISHERIES  COMMISSION  BOARD 


DEPARTMENT  OF  FISHERIES 


FISHERIES  COMMISSION  BOARD 

J.  K.  Dixon,  Chairman . .  ..  . . . Trentor 

Robert  Lassiter  .  Charlotte 

Santford  Martin  .  Winston-Saleir 

Frank  H.  Stedman .  ..  . Fayetteville 

Henry  C.  Wall. . Rockingham 

J.  C.  Baum .  .......  . Poplar  Branch 

George  Hampton  . Canton 

F.  S.  Worthy .  Washington 

H.  V.  Grant . .  .  . . Snead’s  Ferry 

E.  S.  Askew . Windsor 

M.  B.  Hart . . . * . .  . Tarboro 


EXECUTIVE  HR  YX<  H 

J.  A.  Nelson,  Fisheries  Commissioner . .  . Morehead  City 

W.  G.  Dixon,  Assistant  Commissioner .  .  . Oriental 

Theo.  S.  Meekins,  Assistant  Commissioner..  . Manteo 

M.  L.  Willis,  Secretary  and  Chief  Clerk . .  Morehead  City 

Miss  Carita  Wade,  Stenographer .  Morehead  City 


CONTENTS 


SUBCHAPTER  I.  FISHERIES  COMMISSION  BOARD  ACT 
Art.  1.  Definitions  and  General  Provisions. 

1865.  Fish,  fishing,  fisheries  defined. 

1866.  Administrative  agencies  under  former  laws  conformed  to  present  laws. 

1867.  State  jurisdiction  over  fisheries. 

1868.  Edible  fish  used  only  as  food. 

Art.  2.  Fisheries  Commission  Board  ;  Organization,  Officers,  Support. 

1869.  Creation  and  organization  of  board. 

1870.  Fish  Commissioner  and  assistant  commissioners. 

1871.  Fish  inspectors. 

1872.  Board  and  officers  to  be  free  from  financial  interests  in  fisheries. 

1873.  Clerical  force  and  office. 

1874.  Boats  and  equipment. 

1875.  “Fisheries  Commission  Fund”  derived  from  imposts. 

1876.  Temporary  appropriation. 

1877.  Succeeds  Fish  Commission  and  Oyster  Commission  as  to  funds,  property,  and  debts. 

Art.  3.  Powers  and  Duties  of  Board  and  Officers. 

1878.  Regulations  as  to  fish,  fishing,  and  fisheries  made  by  board. 

1879.  Regulations  affecting  existing  interests  not  effective  for  two  years. 

1880.  Hearing  before  changes  as  to  certain  regulations. 

1881.  Regulation  of  shipments  of  water  products. 

1882.  Reports  of  board  to  Legislature;  publication. 

1883.  Duties  of  Commissioner. 

1884.  Violations  of  law  to  be  investigated;  nets  seized  and  sold;  bond  of  Commissioner 

liable. 

1885.  Arrest  without  warrant. 

1886.  Taking  fish  for  scientific  purposes. 

Art.  4.  Taxes  and  Regulations. 

1887.  Licenses  to  fish  ;  issuance,  terms,  and  enforcement. 

1888.  Resident  may  catch  shellfish  for  own  use. 

1889.  Licenses  for  oyster  boats  ;  schedule. 

1890.  Boats  using  purse  seines  or  shirred  nets  ;  tax. 

1891.  Licenses  for  various  appliances  and  their  users  ;  schedule. 

1892.  License  tax  on  dealers  and  packers. 

1893.  Purchase  tax  on  dealers;  schedule;  collection. 

1894.  Printed  regulations  furnished  dealers. 

1895.  Dealers  to  keep  and  furnish  statistics. 

1896.  Disturbing  marks  or  property  of  Commission  prohibited. 

1897.  Explosives,  drugs,  and  poisons  prohibited. 

1898.  Possession  of  fish  killed  by  explosives  as  evidence. 

1899.  Discharge  of  deleterious  matter  into  waters  prohibited. 

1900.  Operation  of  boats  in  violation  of  rules  and  laws  forfeit  boats  and  apparatus. 

1901.  Violation  of  fisheries  law  misdemeanor  ;  licenses  forfeited. 


SUBCHAPTER  II.  SHELLFISH 


Art.  5.  Shellfish  ;  General  Laws. 

Part  1.  Definition  of  Natural  Oyster  Beds. 

1902.  Oyster  bed  defined. 


Part  2. 
1803. 

1904. 

1905. 

1906. 

1907. 

1908. 

1909. 

1910. 

1911. 

1912. 


Leases  of  Bottoms. 

Fisheries  Commissioner  to  lease. 

Lessee  to  be  citizen. 

Areas  leased  irf  different  waters. 

Prerequisites  for  lease  ;  application  ;  deposit  ;  survey  ;  location. 
Execution  of  lease  ;  notice  and  filing  ;  marking  and  planting. 
Term  and  rental. 

Nature  of  lessee’s  rights  ;  assignment  and  inheritance. 

Renewal  of  lease. 

Forfeiture  of  lease  for  nonpayment. 

Contest  over  grant  of  lease  ;  time  for  contest ;  decision  ;  appeal. 


Part  3. 

1913. 

1914. 

1915. 

1916. 

1917. 

1918. 

1919. 

Part  h. 

1920. 

1921. 

1922. 


Licenses  and  Taxes. 

License  to  catch  oysters  ;  oath  of  applicant. 

Filing  oath  ;  recording  license  ;  fees. 

Licensee  to  be  resident,  not  interested  in  oyster  boat. 
Tax  on  oysters  exported  from  State. 

Oyster  dealer’s  license. 

Monthly  report  of  licenses  to  be  filed. 

Oyster  beds  real  property  for  taxation,  etc. 

Catching  and  Dealing  in  Oysters  Regidated. 

Close  season  for  oysters  ;  exceptions. 

Oyster  dealers  to  keep  records. 

Oyster  measure. 


4 


Contents 


1923.  Local  modification  as  to  oyster  measure  in  New  Hanover.  Onflow,  and 

counties. 

1924.  Illegal  measures  prohibited. 

1925.  Dredging  regulated  as  to  territory  and  season. 

1926.  Illegal  dredging  prohibited  ;  evidence. 

1927.  Dredging  prohibited  in  certain  waters  of  Pamlico  Sound;  >  -Mon. 

1928.  Culling  required  ;  size  limit. 

1929.  Local  modification  as  to  culling  oysters  in  New  Hal  On  low,  and 

counties. 

1930.  Taking  unculled  oysters  for  planting  permitted  to  res  id 

1931.  Unculled  oysters  seized  and  scattered  on  public  grounds 

1932.  Shells  to  be  bought  and  scattered  on  public  beds. 

1932a.  Oyster  planting. 

Part  5.  Criminal  Offenses  Connected  With  Oyster  Industry. 

1933.  Perjury  in  application  for  oyster  license. 

1934.  Catching  oysters  without  license. 

1935.  Oyster  dealing  without  license. 

1936.  Use  of  unlicensed  boat  in  catching  oysters. 

1937.  Failure  to  stop  and  show  license. 

1938.  Displaying  false  number  on  boat. 

1939.  Catching  oysters  for  lime. 

1940.  Catching  oysters  Sunday  or  at  night. 

1941.  Unloading  at  factory  Sunday  or  at  night. 

1942.  Oyster-laden  boats  in  canals  regulated. 

1943.  Sale  or  purchase  of  unculled  oysters. 

1944.  Boat  captain’s  purchase  of  unculled  oysters. 

1945.  Larceny  from  private  grounds. 

1946.  Injury  to  private  grounds  ;  work  at  night. 


Pender 


Pender 


Art.  6.  Shellfish  ;  Local  Laws. 

1947.  New  Hanover,  Onslow,  and  Pender:  Close  season  for  oysters. 

1948.  Brunswick,  New  Hanover,  and  Pender:  Clams  protected. 

1949.  Brunswick  :  Clams  ;  size  limit. 

1950.  Brunswick  :  Fire  on  oyster  beds  ;  raking. 

1951.  Carteret:  Clams  in  Newport  River. 

1952.  New  Hanover;  Catching  oysters  in  Myrtle  Grov<  Sound. 

1953.  New  Hanover  :  Clams  in  Masonboro  Sound. 

1954.  Onslow:  Catching  oysters  and  clams  in  certain  waters. 

1955.  Onslow:  Catching  oysters  in  Stump  Sound. 

1956.  Onslow:  Clams  in  Brown  Sound  and  Queens  (‘reel 


Art.  7.  Terrapin. 

1957.  Drag-nets  prohibited  to  nonresidents. 

1958.  Diamond-back  terrapin  protected. 

1959.  Local — Carteret:  Diamond-back  terrapin. 


SUBCHAPTER  III.  FISH  OTHER  rl  If  \N  SHELLFISH 

Art.  8.  Salt  Fish  and  Fish  Scrap. 

1960.  Inspectors  for  salt  fish  ;  duties  ;  fees. 

1961.  Salt  fish  sold  by  weight;  marked  on  package. 

1962.  Salt  mullet ;  special  marking. 

1963.  Measures  for  fish  scrap  and  oil. 

Art.  9.  Commercial  Fishing  ;  General  Regulations. 

1964.  Right  of  fishing  in  grantee  of  land  under  water. 

1965.  Seines  prohibited  to  nonresidents  ;  exceptions. 

1966.  Menhaden  fishing  forbidden  to  nonresidents. 

1967.  Menhaden  fishing  with  nets  regulated. 

1968.  Poisoning  streams. 

1969.  Fishing  offal  in  navigable  waters. 

■  1970.  Sunday  fishing. 

1971.  Robbing  nets. 

1972.  Vessel  injuring  nets. 

1973.  Injury  to  fishing  structures. 

1974.  Obstructing  passage  of  fish  in  streams. 

1975.  Dams  for  mills  and  factories  regulated  ;  sluiceways. 

1976.  Sluiceways  and  fish  passages;  regulation  and  enforcemt  r 

Art.  10.  Commercial  Fishing  ;  Local  Regulations. 

Part  1.  Sounds  and  Inlets. 

1977.  Inlets  ;  nets  in,  regulated. 

1978.  Pamlico  and  sounds  to  the  north  :  Net  stakes  to  be  remov- 

1979.  Pamlico,  Croatan,  and  Albemarle  sounds  and  inlets:  P'ishing  ■  ted. 

1980.  Albemarle  and  Croatan  sounds  and  inlets :  Drift  nets. 

1981.  Albemarle  Sound  and  tributaries:  Nets  and  net  stakes. 

1982.  Albemarle  Sound  in  certain  parts:  Gill  nets. 

1983.  Albemarle  Sound  off  Tyrrell  County  :  Gill  nets. 

1984.  Albemarle  Sound  in  certain  parts:  Anchor,  drift,  and  stake 

1985.  Albemarle  Sound:  Nets  near  wharves  of  Norfolk  and  Souther  ,  >ad  bridge 

1986.  Croatan  marshes  :  Nets  and  fishing  apparatus  near. 

1987.  Currituck  Sound:  Nets  used  regulated. 


CONTENTS 


D 


1988. 

1989. 

1990. 

1991. 

Part  2. 

1992. 

1993. 

1994. 

1995. 

1996. 

1997. 

1998. 

1999. 

2000. 

2001. 

2002. 

2003. 

2004. 

2005. 

2006. 

2007. 

2008. 

2009. 

2010. 
2011. 
2012. 

2013. 

2014. 

2015. 

2016. 

2017. 

2018. 

2019. 

2020. 

Part  3. 
2021. 
2022. 

2023. 

2024. 

2025. 

2026. 

2027. 

2028. 

2029. 

2030. 

2031. 

2032. 

2033. 

2034. 

2035. 

2036. 

2037. 

2038. 

2039. 

2040. 

2041. 

2042. 

2043. 

2044. 

2045. 

2046. 

2047. 

2048. 

2049. 

2050. 

2051. 

2052. 

2053. 

2054. 

2055. 

2056. 

2057. 

2058. 

2059. 

2060. 
2061. 
2062. 

2063. 

2064. 

2065. 

2066. 


Pamlico  Sound:  Nets  to  be  set  north  and  south. 

Pamlico  Sound — tributaries,  rivers,  and  waters  of  Carteret  County:  Nets  regulated. 
Pamlico  Sound — waters  of  Pamlico  County:  Nets  regulated. 

Roanoke  Sound:  Nets  in. 

Streams. 

Black  River  :  Fishing  regulated. 

Black  River  and  Mingo  Creek  :  Only  hook  and  line. 

Black  River  in  Bladen,  Cumberland,  and  Sampson  :  Close  season. 

Black  River  and  Six  Runs  :  Obstructing  channel  ;  lay  days. 

Cape  Fear  River:  Nonresidents  may  not  fish. 

Cape  Fear  River:  Nets  and  seines  regulated. 

Cape  Fear  River:  Fish  traps  regulated. 

Cape  Fear  and  Northeast  rivers:  Nets  in. 

Cape  Fear,  Northeast,  and  Black  Rivers:  Obstructing  fish;  fisfihing  between  Satur¬ 
day  evening  and  Monday  evening. 

Cape  Fear  River,  northeast  branch:  Seines,  nets,  and  traps. 

Goose  and  Oyster  creeks  :  Drag-  or  haul-nets  unlawful. 

Little  River :  Obstructions  in. 

Lumber  River  :  Close  season  for  traps  in. 

Lumber  River  and  waters  of  Robeson,  Columbus,  Hoke,  and  Scotland :  Fishing 
regulated. 

Moccasin  River  and  Big  and  Little  Contentnea  creeks :  Obstructions  and  nets  in. 
Neuse  and  Trent  rivers:  Stationary,  set,  or  dutch  nets. 

Neuse  and  Trent  rivers:  Size  of  seine  bars  regulated. 

Neuse  River  :  Obstructions  in,  by  dams,  nets,  etc. 

Neuse  River  :  Certain  nets  regulated. 

Pamlico  and  Tar  rivers:  Dutch,  etc.,  nets  prohibited  generally. 

Pamlico  and  Tar  rivers :  Lay  days. 

Pamlico  River  :  Dutch,  etc.,  nets  allowed  under  regulation. 

Perquimans  River :  Nets  in,  regulated. 

Roanoke  River  :  Drift  nets  in,  regulated. 

Scuppernong  River  and  Lake  Phelps :  Nets  in,  regulated. 

Scuppernong  River :  Nets  obstructing  channel  or  near  bridges. 

Scuppernong  River  and  tributaries  :  Obstructions  and  nets  in. 

Scuppernong  River:  Nets  near  Norfolk  and  Southern  Railroad  bridge. 

Trent  River :  Use  of  nets  regulated. 

Counties. 

Counties  on  Pamlico  Sound  :  Size  of  fish  caught  or  sold. 

Brunswick,  New  Hanover,  and  Pender:  Size  of  bars  in  nets. 

Brunswick,  Cumberland,  New  Hanover,  Sampson,  and  Harnett:  Close  season 
for  fish. 

New  Hanover,  Onslow,  and  Pender  :  Purse  nets  and  seines  for  food  fish. 

Beaufort:  Nets  regulated  in  certain  creeks. 

Beaufort :  Fishing  by  residents  in  Bath  Creek. 

Beaufort:  Certain  nets  in  Blount’s  Creek. 

Beaufort:  Certain  nets  in  Durham  and  Lee’s  creeks. 

Beaufort:  Certain  nets  in  Nixon’s  Creek. 

Beaufort :  Certain  nets  in  North  Creek. 

Bladen  :  Manner  of  fishing  in  Brown  Marsh  and  Horseshoe  Swamps. 

Bladen :  White  Lake  ;  hook  and  line  only. 

Brunswick :  Mullet  fishing  ;  purse  nets. 

Brunswick  :  Nonresidents  must  have  license. 

Carteret :  Cedar  Island  Township  ;  hauling  nets  with  power. 

Carteret:  Use  of  dutch  nets. 

Carteret :  Size  of  seine  mesh. 

Carteret:  Length  of  nets. 

Carteret:  Joining  nets  together. 

Carteret :  Obstructions  to  fishing  prohibited. 

Carteret:  Pound  nets  in  Neuse  River. 

Carteret:  Purse  nets  for  mullet  prohibited. 

Carteret  and  Onslow  :  Purse  nets  prohibited  for  food  fish. 

Chatham  :  Fishways  in  Haw  River. 

Clay :  Fishing  regulated. 

Columbus:  Lumber  River;  fishing  regulated. 

Columbus  :  Traps  and  nets  in  Porter  Swamp. 

Currituck  County :  Fishing  in  Atlantic  Township. 

Currituck  County :  Dutch  nets  in  Currituck  Sound. 

Currituck  County:  Shipping  or  selling  fish. 

Currituck  County:  Right  of  search. 

Dare  :  Dutch  and  pound  nets  prohibited. 

Dare :  Fishing  in  Kitty  Hawk  Bay  regulated. 

Greene  :  Size  of  mesh  ;  fishing  on  another’s  land. 

Hertford  and  Northampton  :  Fish  in  Potecasi  Creek  protected. 

Hyde :  Pound  and  dutch  nets  prohibited. 

Hyde :  Drag-nets  prohibited  in  Rose  Bay. 

Hyde:  Drag-nets  prohibited  in  Slade’s  River  and  Fortescue  Creek. 

Hyde :  Slade’s  River  ;  nets  in. 

New  Hanover  :  Certain  hand  nets  allowed. 

New  Hanover  :  Nets  in  Masonboro  and  Myrtle  Grove  sounds. 

New  Hanover :  Seines  in  Atlantic  Ocean. 

Onslow :  Obstructions  in  Cypress  Swamp  and  Haw’s  Run. 

Onslow :  Stop  nets  prohibited. 

Onslow  :  Nets  and  seines  in  ocean  regulated. 

Onslow  :  Seines  and  nets  in  New  River. 


6 


Contents 


2067.  Pamlico  County :  Use  of  nets  regulated. 

2068.  Pamlico  County  :  Nets  in  Dawson’s  Creek. 

2069.  Pamlico  County :  Drag-nets  prohibited  in  certain  streams. 

2070.  Pasquotank  County:  Pound  or  fyke  nets  in  Pasquotank  River. 

2071.  Pasquotank  County:  Nets  in  Hatley  Creek. 

2072.  Pasquotank  and  Perquimans :  Gill  nets  allowed. 

2073.  Robeson:  Fishing  in  Lumber  River. 

2074.  Robeson:  Nets  and  traps;  closed  season;  limit  catch. 

2075.  Sampson:  Fishing  regulated. 

2076.  Tyrrell.  Alligator  River  and  Frying  Pan  Creek  ;  nets  in. 

2077.  Wayne:  Nets  and  traps  in  Neuse  and  Little  rivers. 


SUBCHAPTER  IV.  NONCOMMERCIAL  FISHING 

Art.  11.  General  Regulations. 

2078.  Trout  protected;  close  season. 


[Chapter  37,  Consolidated  Statutes,  as  Amended.] 

NORTH  CAROLINA  FISHING  LAWS,  1923 


SUBCHAPTER  I.  FISHERIES  COMMISSION  BOARD  ACT 
Art.  1.  Definitions  and  General  Provisions 

1805.  Fish,  fishing,  fisheries,  defined.  Wherever  the  word  “fish”  or 
“fishes,”  as  a  substantive,  occurs  in  this  subchapter,  it  shall  be  construed 
to  include  porpoises  and  other  marine  mammals,  fishes,  mollusca,  and 
crustaceans,  and  wherever  the  word  “fishing”  or  “fisheries”  occurs  it  shall 
be  construed  to  include  all  operations  involved  in  using,  setting  or  oper¬ 
ating  apparatus  employed  in  killing  or  taking  the  said  animals  or  in  trans¬ 
porting  and  preparing  them  for  market. 

1915,  c.  84,  s.  24. 

1866.  Administrative  agencies  under  former  laws’  conformed  to  pres¬ 
ent  law.  All  acts  relating  to  the  fisheries  of  North  Carolina  are  hereby 
amended  so  that  the  words  “shellfish  commissioner,”  “oyster  commis¬ 
sioner,”  or  “fish  commissioner”  shall  read  “fisheries  commissioner,”  and 
the  words  “shellfish  commission”  shall  read  “fisheries  commission.” 

1915,  c.  84,  s.  25  ;  1917,  c.  290,  s.  9. 

1867.  State  jurisdiction  over  fisheries.  The  State  of  North  Carolina 
shall  have  exclusive  jurisdiction  and  control  over  all  the  fisheries  of  the 
State  wherever  located. 

1915,  c.  84,  s.  18  :  1917,  c.  290,  s.  9. 

For  legislative  consent  to  Federal  regulation  of  fish  on  certain  Federal  lands,  see  chap¬ 
ter  Game  Laws,  s.  2099. 

1868.  Edible  fish  used  only  as  food.  Any  person,  firm  or  corporation 
who  catches  or  causes  to  be  caught  any  edible  fish  in  the  waters  of  the 
State  of  North  Carolina  for  any  other  purpose  than  as  food,  and  any  per¬ 
son,  firm  or  corporation  who  shall  use  any  edible  fish  for  fertilizing  pur¬ 
poses,  shall  be  guilty  of  a  misdemeanor  and  fined  not  less  than  fifty  dollars 
or  imprisoned  not  less  than  thirty  days. 

1915,  c.  84,  s.  23. 

Art.  2.  Fisheries  Commission  Board;  Organization,  Officers,  Support 

1869.  Creation  and  organization  of  board.  For  the  purpose  of  enforc¬ 
ing  laws  relating  to  all  fish,  there  is  hereby  created  a  Fisheries  Commis¬ 
sion,  which  shall  consist  of  eleven  members  appointed  by  the  Governor 
and  confirmed  by  the  Senate,  at  least  six  of  whom  shall  be  from  the  several 
fishing  districts  of  the  State,  and  shall  have  a  practical  knowledge  of  or  be 
familiar  with  the  fishing  industry,  who  shall  be  denominated  the  Fisheries 
Commission  Board.  Four  of  said  members  shall  be  appointed  for  a  term 
of  two  years  from  April  first,  one  thousand  nine  hundred  and  twenty-three, 
four  for  a  term  of  four  years  from  said  date,  and  three  for  a  term  of  six 
years  from  said  date,  and,  shall  be  so  designated  by  the  Governor  in  his 
message  to  the  Senate  appointing  them.  Any  commissioner  appointed  by 
the  Governor  under  this  act  may  be  removed  by  him  for  cause.  In  the 
case  of  death,  resignation,  removal  from  the  State,  removal  by  the  Gov¬ 
ernor  for  cause,  or  mental  disability  of  any  commissioner  during  his  term 
of  office,  his  successor  shall  be  appointed  by  the  Governor  to  fill  out  the 


s 


Xorth  Carolina  Fishing  Laws 


unexpired,  term,  and  such  appointment  shall  be  reported  to  the  next  ses¬ 
sion  of  the  Senate  for  its  action.  If  the  Senate  shall  refuse  to  confirm 
any  appointee  of  the  Governor,  then  it  shall  be  his  duty  to  appoint  another 
and  send  his  name  to  the  Senate  for  its  action.  At  the  expiration  of  the 
term  of  office  of  any  of  said  commissioners,  his  successor  shall  be  appointed 
in  a  like  manner  by  the  Governor  for  a  term  of  six  years.  The  eleven 
members  shall  receive  four  dollars  per  day  each  and  traveling  expenses 
while  attending  meetings  of  the  board:  Provided,  the  per  diem  and  ex¬ 
penses  shall  not  exceed  two  hundred  and  fifty  dollars  each  per  annum: 
Provided  further,  the  chairman*  may  receive  such  compensation  as  the 
board  allows. 

Any  money  that  may  be  in  the  State  Treasury  on  April  first,  one  thou¬ 
sand  nine  hundred  and  twenty-three,  to  the  credit  of  the  present  Fisheries 
Commission  Board  shall  be  held  by  the  State  Treasurer  to  the  credit  of  the 
Fisheries  Commission  Board  created  by  this  act,  and  said  board  is  author¬ 
ized  to  pay  out  of  the  Fisheries  Commission  fund  all  just  claims  that  may 
be  outstanding  against  the  present  Fisheries  Commission  Board.  All 
boats,  fishing  and  oyster  tackle,  office  supplies,  stationery,  and  all  other 
supplies  of  whatever  character  belonging  to  the  present  Fisheries  Com¬ 
mission  Board  shall  be  transferred  to  the  Fisheries  Commission  Board 
created  by  this  act  on  or  before  April  first,  one  thousand  nine  hundred  and 
twenty-three. 

That  all  powers  and  duties  imposed  by  chapter  thirty-seven  of  the  Con¬ 
solidated  Statutes  of  one  thousand  nine  hundred  and  nineteen,  and  the 
amendments  heretofore  or  hereafter  made  to  the  same,  upon  the  present 
Fisheries  Commission  Board  be,  and  the  same  are  hereby,  transferred  upon 
the  Fisheries  Commission  Board  created  by  this  act. 

1915,  c.  84,  s.  1  ;  1917,  c.  290,  s.  1  ;  1923. 

1870.  Fisheries  Commissioner  and  assistant  commissioners.  Said  board 
shall  appoint  a  Fisheries  Commissioner  within  thirty  days  after  the  pass¬ 
age  of  this  act,  and  the  said  commissioner  shall  be  responsible  to  the  Fish¬ 
eries  Commission  Board  for  carrying  out  the  duties  of  his  office,  and  shall 
make  semi-annual  reports  to  them  at  such  time  as  they  may  require.  The 
term  of  office  of  said  commissioner  and  his  successor  in  office  shall  be  four 
years,  or  until  his  successor  is  appointed  and  qualified,  and  in  case  of 
vacancy  in  the  office  the  appointment  shall  be  to  fill  the  vacancy.  The 
said  commissioner  may  appoint  two  assistants  by  and  with  the  consent  of 
the  Fisheries  Commission  Board,  who  shall  hold  said  offices  at  the  pleasure 
of  the  Fisheries  Commissioner  and  the  board,  whose  duties  shall  be  pre¬ 
scribed  by  the  Fisheries  Commissioner.  The  aforesaid*  commissioner  and 
assistant  commissioners  shall  receive  such  pay  as  the  Fisheries  Commis¬ 
sion  Board  shall  determine.  During  the  absence  of  the  commissioner,  or 
his  inability  to  act,  the  Fisheries  Commission  Board  shall  appoint  one  of 
the  assistant  commissioners  to  have  and  exercise  all  the  powers  of  the 
commissioner.  The  commissioner  and  assistant  commissioners  shall  each 
execute  and  file  with  the  Secretary  of  State  a  bond,  payable  to  the  State  of 
North  Carolina,  in  the  sum  of  five  thousand  dollars  for  the  commissioner 
and  twenty-five  hundred  dollars  each  for  each  of  the  assistant  commission¬ 
ers,  with  sureties  to  be  approved  by  the  Secretary  of  State,  conditioned  for 
the  faithful  performance  of  their  duties  and  to  account  for  and  pay  over, 
pursuant  to. law,  all  moneys  received  by  them  in  their  office.  The  Fisheries 
Commissioner  and  assistant  commissioners  shall  take  and  subscribe  an 
oath  to  support  the  Constitution,  and  for  the  faithful  performance  of  the 


A  ortii  Carolina  Eishixg  Laws 


9 


duties  of  his  office,  which  oaths  shall  be  filed  with  their  bonds.  The 
assistant  commissioners  may  be  removed  for  cause  by  the  commissioner, 
who  may  appoint  their  successors. 

1915,  c.  84,  s.  1  ;  1917,  c.  290,  s.  1. 

1871.  Fish  inspectors.  The  Fisheries  Commissioner  may  appoint, 
with  the  approval  of  the  Fisheries  Commission  Board,  inspectors  in  each 
county  having  fisheries  under  his  jurisdiction,  who  will  assist  him  at  such 
times  as  he  may  require.  The  said  inspector  shall  serve  under  the  direc¬ 
tion  of  the  commissioner,  receiving  compensation  not  to  exceed  three  dol¬ 
lars  per  day  and  necessary  expenses  while  in  actual  service. 

1915,  c.  84,  s.  2. 

1872.  Officers  to  be  free  from  financial  interest  in  fisheries.  The  Fish¬ 
eries  Commissioner,  assistant  commissioners,  and  inspectors  shall  not  be 
financially  interested  in  any  fishing  industry  in  North  Carolina. 

1915,  c.  84,  s.  8  ;  1921,  c.  194. 

1873.  Clerical  force  and  office.  The  Fisheries  Commissioner  shall  rent 
and  equip  an  office,  which  will  be  adequate  for  the  business  of  the  commis¬ 
sion,  in  some  town  conveniently  located  to  the  maritime  fisheries,  and  he 
is  authorized  to  employ  such  clerks  and  other  employes  as  may  be  neces¬ 
sary  for  the  proper  carrying  on  of  the  work  of  his  office,  by  and  with  the 
consent  of  the  Fisheries  Commission  Board. 

1915,  c.  84,  s.  3. 

1874.  Boats  and  equipment.  The  Fisheries  Commissioner  is  author¬ 
ized,  by  and  with  the  consent  of  the  Fisheries  Commission  Board,  to  pur¬ 
chase  or  rent  such  boats,  nets,  and  other  equipment  as  may  be  necessary 
to  enable  him  and  his  assistants  to  fulfill  the  duties  specified  in  this 
chapter. 

1915,  c.  84,  s.  4. 

1875.  “Fisheries  Commission  fund”  derived  from  imposts.  All  license 
fees,  taxes,  rentals  of  bottoms  for  oyster  or  clam  cultivation  and  other 
imposts  upon  the  fisheries,  in  whatever  manner  collected,  shall,  except  as 
otherwise  provided  in  this  chapter,  be  deposited  with  the  State  Treasurer 
to  the  credit  of  the  Fisheries  Commission  fund,  to  be  drawn  upon  as 
directed  by  the  Fisheries  Commission  Board. 

1915,  c.  84,  s.  9. 

1870.  Temporary  and  annual  appropriations.  There  is  hereby  appro¬ 
priated  out  of  the  general  treasury  as  a  supplementary  fund  the  sum  of 
ten  thousand  dollars  annually  for  two  years,  or  as  much  thereof  as  may  be 
needed,  to  the  Fisheries  Commission  to  carry  out  the  work  of  the  commis¬ 
sion  in  the  protection  and  promotion  of  the  fisheries  of  the  State,  this  sum 
to  be  repaid  to  the  general  treasury  by  the  Fisheries  Commission  when  it 
shall  be  on  a  self-sustaining  basis;  said  sum  to  be  used  and  expended  as 
directed  by  the  Fisheries  Commission  Board,  and  any  part  of  it  that  may 
be  required  may  be  used  for  purchasing  boats  and  other  equipment  neces¬ 
sary  to  carry  out  the  work  of  the  commission. 

The  sum  of  ten  thousand  dollars  is  appropriated  annually  for  the  sup¬ 
port  and  maintenance  of  the  Fisheries  Commission. 

1915,  c.  84,  s.  16;  1917,  c.  193,  s.  26.  • 

1877.  Succeeds  Fish  Commission  and  Oyster  Commission  as  to  funds, 
property  and  debts.  Any  money  that  may  be  in  the  State  Tieasuiv  to  the 
credit  of  the  Fish  Commission  and  Oyster  Commission  fund  on  May  first, 


10 


!N" orth  Carolina  Fishing  Laws 


nineteen  hundred  and  fifteen,  shall  be  transferred  by  the  State  Treasurer 
to  the  credit  of  the  Fisheries  Commission  fund,  and  the  Fisheries  Commis¬ 
sion  Board  is  authorized  to  pay  out  of  the  Fisheries  Commission  fund  all 
just  claims  that  may  be  outstanding  against  the  Fish  or  Oyster  Com¬ 
missions. 

All  boats,  fishing  and  oyster  tackle,  office  supplies,  stationery,  and  all 
other  supplies  of  whatever  character  belonging  to  the  Fish  Commission 
and  Oyster  Commission  shall  he  transferred  to  the  Fisheries  Commissioner 
for  the  use  of  the  Fisheries  Commission. 

1915,  c.  84,  ss.  16,  .17. 

Art.  3.  Powers  and  Duties  of  Board  and  Officers 

1878.  Regulations  as  to  fish,  fishing,  and  fisheries  made  by  board.  The 

Fisheries  Commission  Board  is  hereby  authorized  to  regulate,  prohibit,  or 
restrict  in  time,  place,  character,  or  dimensions,  the  use  of  nets,  appli¬ 
ances,  apparatus,  or  means  employed  in  taking  or  killing  fish;  to  regulate 
the  seasons  at  which  the  various  species  of  fish  may  be  taken  in  the  several 
waters  of  the  State,  and  to  prescribe  the  minimum  sizes  of  fish  which  may 
be  taken  in  the  said  several  waters  of  the  State,  or  which  may  be  bought, 
sold,  or  held  in  possession  by  any  person,  firm,  or  corporation  in  the  State; 
and  such  regulations,  prohibitions,  restrictions  and  prescriptions,  after  due 
publication,  which  shall  be  construed  to  be  once  a  week  for  four  consecu¬ 
tive  weeks  in  some  newspaper  published  in  North  Carolina,  shall  be  of 
equal  force  and  effect  with  the  provisions  of  this  act;  and  any  person  vio¬ 
lating  the  provisions  of  this  section  shall  be  guilty  of  a  misdemeanor,  and, 
upon  conviction,  shall  be  fined  or  imprisoned,  at  the  discretion  of  the  court. 

1915,  c..  84,  s.  21  ;  1917,  c.  290,  s.  7. 

For  legislative  consent  to  Federal  regulation  of  fish  on  certain  lands,  see  Game  Laws, 
s.  2099. 

1 871).  Regulations  affecting  existing  interests  not  effective  for  two 
years.  In  making  regulations  the  Fisheries  Commission  Board  shall  give 
due  weight  and  consideration  to  all  factors  which  will  affect  the  value  of 
the  present  investment  in  the  fisheries,  and  no  changes  in  the  existing  laws 
which,  if  they  should  go  into  effect  immediately,  would  tend  to  cause  fish¬ 
ermen  to  lose  their  property  shall  go  into  effect  until  two  years  from  the 
date  that  the  change  has  been  made  by  the  Fisheries  Commission  Board. 

1915,  c.  84,  s.  21  ;  1917,  c.  290,  s.  7. 

1880.  Hearing  before  changes  as  to  certain  regulations.  If,  however, 
a  petition  signed  by  five  or  more  voters  of  the  district  or  community  which 
will  be  affected  by  the  proposed  changes  is  filed  with  the  Fisheries  Com¬ 
mission  Board  through  the  Fisheries  Commissioner,  assistant  commission¬ 
ers  or  inspectors,  asking  that  they  have  a  hearing  before  any  proposed 
change  in  the  territory,  size  of  mesh,  length  of  net,  or  time  of  fishing  shall 
go  into  effect,  petitioning  that  they  be  heard  regarding  such  change,  the 
Fisheries  Commission  Board  shall,  in  that  event,  designate  by  advertise¬ 
ment  for  a  period  of  thirty  days  at  the  courthouse  and  three  other  public 
places  in  the  county  affected,  and  also  by  publication  in  a  newspaper  of 
the  county,  if  such  is  published  in  said  county,  once  a  week  for  two  con¬ 
secutive  weeks,  a  place  at  which  said  board  will  meet  and  hear  argument 
for  and  against  said  change,  and  may  ratify,  rescind,  or  alter  this  previous 
order  of  change  as  may  seem  just  in  the  premises. 

1915,  c.  84,  s.  21  ;  1917,  c.  290,  7. 


Tv  orth  Carolina  Fishing  Laws 


11 


1881.  Regulation  of  shipment  of  water  products.  The  Fisheries  Com¬ 
mission  Board  shall  have  power  and  authority  to  make  such  rules  regu¬ 
lating  the  shipment  and  transportation  of  fish,  oysters,  clams,  crabs, 
escallops,  and  other  water  products  as  it  may  deem  necessary. 

1919,  c.  333,  s.  4. 

1882.  Reports  of  board  to  Legislature;  publication.  The  Fisheries 
Commission  Board  shall  cause  to  be  prepared  and  submitted  to  each 
Legislature  a  report*  showing  the  operations  and  collections  and  expendi¬ 
tures  of  the  Fisheries  Commission;  and  it  shall  also  cause  to  be  prepared 
for  publication  such  other  reports,  with  necessary  illustrations  and  maps, 
as  will  adequately  set  forth  the  results  of  the  work  and  the  investigations 
of  the  Fisheries  Commission,  all  such  reports,  illustrations,  and  maps  to  be 
printed  and  distributed  at  the  expense  of  the  State,  as  are  other  public- 
documents,  as  the  Fisheries  Commission  Board  may  direct. 

1915,  c.  84,  s.  15. 

1883.  Duties  of  commissioner.  It  is  the  duty  of  the  commissioner: 
To  enforce  all  acts  relating  to  the  fish  and  fisheries  of  North  Carolina. 

By  and  with  the  advice  and  consent  of  the  Fisheries  Commission  Board, 
to  make  such  regulations  as  shall  maintain  open  for  the  passage  of  fishes 
all  inlets  and  not  less  than  one-third  of  the  width  of  all  sounds  and 
streams,  or  such  greater  proportions  of  their  width  as  may  be  necessary. 

To  collect  and  compile  statistics  showing  the  annual  product  of  the 
fisheries  of  the  State,  the  capital  invested,  and  the  apparatus  employed, 
and  any  fisherman  refusing  to  give  these  statistics  shall  be  refused  a  license 
for  the  nekt  year. 

To  prepare  and  have  on  file  in  his  office  maps  based  on  the  charts  of  the 
United  States  Coast  and  Geodetic  Survey,  of  the  largest  scale  published, 
showing  as  closely  as  may  be  the  location  of  all  fixed  apparatus  employed 
during  each  fishing  season. 

To  have  surveyed  and  marked  in  a  prominent  manner  those  areas  of 
waters  of  the  State  in  which  the  use  of  any  or  all  fishing  appliances  are 
prohibited  by  law  or  regulation,  and  those  areas  of  waters  in  the  State  in 
which  oyster  tonging  or  dredging  is  prohibited  by  law. 

T~  prosecute  all  violations  of  the  fish  laws,  and  wherever  necessary  he 
ma,  employ  counsel  for  this  purpose. 

To  remove,  pending  trial,  nets  or  other  appliances  he  finds  being  fished 
or  used  in  violation  of  the  fisheries  laws  of  the  State. 

To  carry  on  investigations  relating  to  the  migrations  and  habits  of  the 
fish  in  the  waters  of  the  State,  also  investigations  relating  to  the  cultiva¬ 
tion  of  the  oyster,  clam  and  other  mollusca,  and  of  the  terrapin  and  crab, 
and  for  this  purpose  he  may  employ  such  scientific  assistance  as  may  be 
authorized  by  the  Fisheries  Commission  Board. 

The  commissioner  shall  be  responsible  for  the  collection  of  all  license 
taxes,  fees,  rentals,  or  other  imposts  on  the  fisheries,  and  shall  pay  same 
into  the  State  Treasury  to  the  credit  of  the  Fisheries  Commission  fund. 
He  shall  on  or  before  the  twenty-fifth  day  of  each  month  mail  to  the  Treas¬ 
urer  of  the  State  a  consolidated  statement  showing  the  amount  of  taxes 
and  license  fees  collected  during  the  preceding  month,  and  by  and  from 
whom  collected. 

He  shall,  in  an  official  capacity,  have  power  to  administer  oaths  and  to 
send  for  and  examine  persons  and  papers. 

If  any  fisherman  fail  or  refuse  to  give  statistics  as  required  in  this  sec¬ 
tion,  the  board  may  extend  the  time  of  his  operations,  and  the  Fisheries 


12 


Xorth  Carolina  Fishing  Laws 


Commission  Board  is  empowered  to  make  sucdi  rules  and  regulations  as 
they  think  proper  to  procure  statistics  as  to  the  annual  products  of  the 
fisheries  of  the  State. 

1915,  c.  84,  s.  5;  1917,  c.  290,  s.  10. 

1884.  Violations  of  law  to  be  investigated;  nets  seized  and  sold;  bond 
of  commissioner  liable.  It  is  the  duty  of  the  Fisheries  Commissioner,  or 
any  of  his  assistants  or  deputies,  whenever  a  complaint  is  made  to  him, 
either  orally  or  in  writing,  stating  that  any  of  the  laws  relating  to  fish  or 
fisheries  are  being  violated  at  any  particular  place,  to  go  himself  or  send  a 
deputy  to  such  place  and  investigate  same,  and  he  shall  seize  and  remove 
all  nets  or  other  appliances  set  or  being  used  in  violation  of  the  fisheries 
laws  of  the  State,  sell  same  at  public  auction  after  advertisement  for 
twenty  days  at  the  courthouse  and  three  other  public  places  in  the  county 
in  which  the  seizure  was  made,  and  apply  the  proceeds  of  sale  to  the  pay¬ 
ment  of  costs  and  expenses  of  such  removal,  and  pay  any  balance  remain¬ 
ing  to  the  school  fund  of  the  county  nearest  to  where  the  offense  is  com¬ 
mitted.  And  the  failure  of  the  Fisheries  Commissioner  or  his  deputies  to 
perform  the  above  prescribed  duty  shall  render  his  bond  liable  to  a  penalty 
of  five  hundred  dollars,  one-half  to  go  to  the  informant  and  the  other  half 
to  be  paid  to  the  school  fund  of  the  county  in  which. the  action  is  brought. 

1911,  c.  18. 

For  construction  and  application  of  similar  provision,  sec  Daniels  v.  Homer,  139-219. 

1885.  Arrests  without  warrant.  The  Fisheries  Commissioner,  assist¬ 
ant  commissioners  and  inspectors  shall  have  power,  without  warrant,  to 
arrest  any  person  or  persons  violating  any  of  the  fishery  laws  in  their 
presence,  who  shall  be  carried  before  a  magistrate  for  trial  as  is  required 
by  law  in  case  of  persons  arrested  without  warrant. 

1915,  c.  84,  s.  6;  1917,  c.  290,  s.  2. 

1886.  Taking  fish  for  scientific  purposes.  The  Fisheries  Commissioner 
and  the  United  States  Bureau  of  Fisheries  may  take  and  cause  to  be  taken 
for  scientific  purposes  or  for  fish  culture  any  fish  or  other  marine  organism 
at  any  time  from  the  waters  of  North  Carolina,  any  law  to  the  contrary 
notwithstanding;  and  may  cause  or  permit  to  be  sold  such  fishes  or  parts  of 
fishes  so  taken  as  may  not  be  necessary  for  purposes  of  scientific  investi¬ 
gations  or  fish  culture:  Provided,  that  in  taking  fish  for  fish  culture  in  the 
hatcheries  of  this  State  the  fish  shall  only  be  taken  while  the  hatcheries 
are  in  operation  and  only  between  the  hours  of  four  and  eleven  p.m. 

1915,  c.  84,  s.  7. 

Art.  4.  Taxes  and  Regulations 

1887.  Licenses  to  fish;  issuance,  terms,  and  enforcement.  Each  and 
every  person,  firm,  or  corporation,  before  commencing  or  engaging  in  any 
kind  of  fishing  in  the  State,  shall  file  with  an  inspector  of  the  county  in 
which  he  desires  to  fish,  or  with  the  Fisheries  Commissioner  or  any  of  his 
assistant  commissioners,  a  sworn  statement  as  to  the  number  and  kind  of 
nets,  seines,  or  other  apparatus  intended  to  be  used  in  fishing.  Upon  filing 
this  sworn  statement  on  oath  the  Fisheries  Commissioner  shall  issue  or 
cause  to  be  issued  to  the  said  party  or  parties  a  license  as  prescribed  by 
law;  said  applicant  shall  pay  a  license  fee  equal  in  amount  to  the  fee  or 
tax  prescribed  by  law  for  fishing  different  kinds  of  apparatus  in  the  waters 
of  the  State  of  North  Carolina,  or  for  tonging  or  dredging  for  oysters,  as 
the  case  may  be.  The  Fisheries  Commissioner  shall  keep  in  a  book 
especially  prepared  for  the  purpose  an  exact  record  of  all  licenses,  to  whom 
issued,  the  number  and  kinds  of  nets,  boats,  and  other  apparatus  licensed, 


Xorth  Carolina  Fishing  Laws  13 

and  the  license  fees  received.  He  shall  furnish  to  each  person,  firm,  or 
corporation  in  whose  favor  a  license  is  issued  a  special  tag  which  shall 
show  the  license  number  and  number  of  pound  nets,  or  yards  of  seine,  or 
yards  of  gill  net  that  the  licensee  is  authorize  to  use,  and  the  licensee  shall 
attach  said  tag  to  the  net  in  a  conspicuous  manner  satisfactory  to  the 
Fisheries  Commissioner,  All  boats  or  vessels  licensed  to  scoop,  scrape,  or 
dredge  oysters  shall  display  on  the  port  side  of  the  jib,  above  the  reef  and 
bonnet,  and  on  the  oppoite  side  of  the  mainsail,  above  all  reef  points,  in 
black  letters  not  less  than  twenty  inches  long,  the  initial  letter  of  the 
county  granting  the  license  and  the  number  of  said  license,  the  number  to 
be  painted  on  canvas  and  furnished  by  the  Fisheries  Commissioner,  for 
which  he  shall  receive  the  sum  of  fifty  cents.  Any  boat  or  vessel  used  in 
catching  oysters  without  having  complied  with  the  provisions  of  this  sec¬ 
tion  may  be  seized,  forfeited,  advertised  for  twenty  days  at  the  courthouse 
and  two  other  public  places  in  the  county  where  seized,  and  sold  at  some 
public  place  designated  in  the  advertisement,  and  the  proceeds,  less  the 
cost  of  the  proceedings,  shall  be  paid  into  the  school  fund.  The  licenses 
to  fish  with  nets  shall  terminate  on  December  thirty-first.  Any  person 
who  shall  willfully  use  for  fishing  purposes  any  kind  of  net  whatever, 
without  having  first  complied  with  the  provisions  of  this  section,  shall  be 
guilty  of  a  misdemeanor  and,  upon  conviction,  shall  be  fined  twenty-five 
dollars  for  each  and  every  offense. 

1915,  c.  84,  s.  10;  1917,  c.  290,  s.  9. 

Power  of  Legislature  to  restrict  the  right  of  fishing:  Daniels  v.  Homer,  139-219;  State  v. 
Gallop,  126-979. 

1888.  Resident  may  catch  shellfish  for  own  use.  No  tax  shall  be  levied 
or  collected  from  bona  fide  residents  or  citizens  of  this  State  who  take  fish, 
oysters,  clams,  escallops,  or  crabs  other  than  with  dredges  for  his  own 
personal  or  family’s  use  and  consumption.  But  if  any  person  shall  sell  or 
offer  for  sale  any  such  products  without  having  first  procured  a  license,  he 
shall  be  guilty  of  a  misdemeanor  and  shall  be  fined  not  less  than  five  dol¬ 
lars  or  imprisoned  not  exceeding  thirty  days. 

1917,  c.  290,  s.  6. 

1880.  Licenses  for  oyster  boats;  schedule.  The  Fisheries  Commis¬ 
sioner,  assistant  commissioner,  or  inspector,  may  grant  license  for  a  boat 
to  be  used  in  catching  oysters  upon  application  made,  -according  to  law, 
and  the  payment  of  a  license  tax  as  follows:  On  any  boat  or  vessel  with¬ 
out  cabin  or  deck,  and  under  custom-house  tonnage,  using  scrapes  or 
dredges,  measuring  over  all  twenty-five  feet  and  under  thirty,  a  tax  of 
three  dollars;  fifteen  feet  and  under  twenty-five  feet,  a  tax  of  two  dollars; 
on  any  boat  or  vessel  with  cabin  or  deck  and  under  custom-house  tonnage, 
using  scrapes  or  dredges,  measuring  over  all  thirty  feet  or  under,  a  tax  of 
five  dollars;  over  thirty  feet,  a  tax  of  six  dollars;  on  any  boat  or  vessel 
using  scoops,  scrapes,  or  dredges  required  to  be  registered  or  enrolled  in 
the  custom  house,  a  tax  of  one  dollar  and  fifty  cents  a  ton  on  gross  ton¬ 
nage.  No  vessel  propelled  by  steam,  gas  or  electricity,  and  no  boat  or 
vessel  not  the  property  absolutely  of  a  citizen  or  citizens  of  this  State,  shall 
receive  license  or  be  permitted  in  any  manner  to  engage  in  the  catching  of 
oysters  anywhere  in  the  waters  of  this  State. 

1915,  c.  84,  s.  11. 

1890.  Boats  using  purse  seines  or  shirred  nets;  tax.  All  boats  or 
vessels  of  any  kind  used  in  operating  purse  seines  or  shirred  nets  shall  pay 
a  license  fee  of  two  dollars  per  ton  on  gross  tonnage,  custom-house  meas¬ 
urement,  which  shall  be  independent  of  and  separate  from  the  seine  or  net 


14 


X  orth  Carolina  Fishing  Laws 


tax  on  the  seines  or  nets  used  on  said  boats.  This  license  fee  shall  he  for 
one  year,  from  January  first,  and  shall  not  be  issued  for  any  period  less 
than  one  year.  It  shall  be  issued  by  the  Fisheries  Commission. 

1915,  c.  84,  s.  12;  1917,  c.  290,  s.  3;  1919,  c.  333,  s.  3. 

1801.  Licenses  for  various  appliances  and  their  users;  schedule.  The 

following  license  tax  is  hereby  levied  annually  upon  the  different  fishing 
appliances  used  in  the  waters  of  North  Carolina: 

Anchor  gill  nets,  twenty-five  cents  for  one  hundred  yards  or  fraction 
thereof. 

Stake  gill  nets,  twenty-five  cents  for  each  hundred  yards  or  fraction 
thereof. 

Drift  gill  nets,  twenty-five  cents  for  each  hundred  yards  or  fraction 
thereof. 

Found  nets,  one  dollar  and  twenty-five  cents  on  each  pound;  the  pound 
is  construed  to  apply  to  that  part  of  net  which  holds  and  from  which  the 
fish  arq  taken.  No  pound  net  shall  be  set  in  the  waters  of  the  Atlantic 
ocean  within  the  three-mile  limit. 

Submarine  pounds,  or  submerged  trap  nets,  two  dollars  for  each  trap  or 
pound. 

Shrimp  trawl  nets,  twenty-five  cents  each. 

Seines,  drag  nets  and  mullet  nets  under  one  hundred  yards,  one  dollar 
each. 

Seines,  drag  nets  and  mullet  nets  over  one  hundred  yards  and  under 
three  hundred  yards,  one  dollar  per  hundred  yards  or  fraction  thereof. 

Seines,  drag  nets  and  mullet  nets  over  three  hundred  yards  and  under 
one  thousand  yards,  one  dollar  and  twenty-five  cents  per  one  hundred 
yards  or  fraction  thereof. 

Seines,  drag  nets  and*  mullet  nets  over  one  thousand  yards,  one  dollar 
and  seventy-five  cents  per  one  hundred  yards  or  fraction  thereof. 

Fyke  nets,  twenty-five  cents  each. 

Tonging  for  oysters,  the  license  tax  shall  be  one  dollar  for  each  tonger. 

For  taking  escallops  with  rakes,  tongs,  scoops  or  scrapes,  one  dollar  for 
each  person  and  for  every  person  assisting  or  employed. 

For  taking  clams  with  rakes,  tongs,  scoops  or  scrapes,  one  dollar  for  each 
person  and  for  every  person  assisting  or  employed. 

And  for  other  apparatus  used  in  fishing,  the  license  shall  be  the  same 
as  that  for  the  apparatus  or  appliance  which  it  most  resembles  for  the 
purpose  used. 

1915,  c.  84,  s.  14  ;  1917,  c.  290,  s.  5  ;  1919,  c.  333,  s.  3. 

1892.  License  tax  on  dealers  and  packers.  An  annual  license  tax,  for 
the  year  beginning  January  first  in  each  year,  to  be  collected  by  the  Fish¬ 
eries  Commission  Board,  is  imposed  on  all  persons  or  dealers  who  purchase 
or  carry  on  the  business  of  canning,  packing,  shucking,  or  shipping  the 
sea  products  enumerated  below,  as  follows:  On — 

oysters,  five  dollars; 

escallops,  five  dollars; 

clams,  five  dollars; 

crabs,  for  shipment  out  of  the  State,  five  dollars; 

fish,  two  dollars  and  fifty  cents; 

shrimp,  two  dollars  and  fifty  cents:  Provided,  that  (1)  the  license  tax 
for  shucking  or  selling  oysters  and  clams  on  local  market  by  retail  shall  be 
fifty  cents  a  year;  (2)  no  license  tax  shall  be  imposed  on  fishermen  who 
pay  a  license  on  nets  to  catch  fish  or  shrimp,  and  who  ship  only  the  fish  or 
shrimp  caught  in  such  licensed  nets. 

1917,  c.  290,  s.  5;  1919,  c.  333,  ss.  1,  2. 


North  Carolina  Fishing  Laws 


1 5 


1803.  Purchase  tax  on  dealers;  schedule;  collection.  All  dealers  in 
and  all  persons  who  purchase,  catch,  or  take  for  canning,  packing,  shuck¬ 
ing,  or  shipping  the  sea  products  enumerated  below  shall  be  liable  to  a  tax 
to  be  collected  by  the  Fisheries  Commission  Board  as  follows.  On — 
oysters,  two  cents  a  bushel,  except  coon  oysters,  one  cent  a  bushel; 
escallops,  five  cents  a  gallon; 
clams,  ten  cents  a  bushel; 
soft  crabs,  two  and  one-half  cents  a  dozen; 
hard  crabs,  ten  cents  a  bushel; 
crab  meat,  two  and  one-half  cents  a  gallon; 

shrimps,  when  cooked,  one-fourth  of  a  cent  a  pound;  when  green,  one- 
eighth  of  a  cent  a  pound. 

But  none  of  these  products  shall  be  twice  taxed,  and  no  tax  shall  be 
imposed  on  oysters,  escallops,  or  clams  taken  from  private  beds  or  gardens. 
Upon  failure  to  pay  said  tax,  the  license  provided  in  the  preceding  section 
shall  at  once  be  null  and  void  and  no  further  license  shall  be  granted 
during  the  current  year;  and  it  shall  be  the  duty  of  the  commissioner, 
assistant  commissioner,  or  inspector  to  institute  suit  for  the  collection  of 
said  tax.  Such  suit  shall  be  in  the  name  of  the  State  of  North  Carolina 
on  relation  of  the  commissioner  or  inspector  at  whose  instance  such  suit  is 
instituted,  and  the  recovery  shall  be  for  the  benefit  and  for  the  use  of  the 
general  Fisheries  Commission  fund.  Any  person  failing  or  refusing  to 
pay  said  tax  shall  be  guilty  of  a  misdemeanor. 


1915,  c.  84,  s.  13  ;  1917,  c.  290,  s.  4  ;  1919,  c.  333,  s.  1  ;  1921,  c.  194,  s.  1  ;  1921  (Ex.  Sess.), 
c.  42,  s.  3;  P.  L.  1923. 


1894.  Printed  regulations  furnished  dealers.  It  is  the  duty  of  the 
Fisheries  Commission  Board,  upon  issuing  any  license  under  the  provisions 
of  this  subchapter,  to  furnish  with  said  license  the  printed  regulations 
controlling  the  waters  in  which  such  fisherman  applying  therefor  proposes 
to  fish. 

1917,  c.  290,  s.  12. 

1895.  Dealers  to  keep  and  furnish  statistics.  All  persons,  firms,  or 
corporations  engaged  in  buying,  packing,  canning,  or  shipping  oysters, 
escallops,  clams,  crabs,  shrimp,  and  fish  taken  from  the  public  grounds  or 
natural  beds  of  the  State,  or  the  natural  waters  or  streams  of  the  State, 
shall  keep  a  permanent  record  of  all  such  products,  showing  the  quantity 
of  each  of  said  products  so  purchased,  packed,  canned,  or  shipped,  the  kind 
of  fish,  from  whom  each  of  said  species  of  fish,  mollusca,  or  crustaceans 
were  purchased,  that  a  statement  of  all  these  facts  shall  be  made  whenever 
required  by  the  Fisheries  Commissioner,  but  shall  be  at  least  at  the  end 
of  each  month.  That  all  such  records  shall  be  open  at  all  times  to  the 
Fisheries  Commissioner,  assistant  commissioner,  or  any  one  under  the 
direction  of  the  Fisheries  Commissioner. 

1917,  c.  290,  s.  11. 

1890.  Disturbing  marks  or  property  of  commission  prohibited.  Any 

person  or  persons  removing,  injuring,  defacing,  or  in  any  way  disturbing 
the  posts,  buoys,  or  any  other  appliances  used  by  the  Fisheries  Commis¬ 
sion  in  marking  the  restricted  areas  relating  to  any  and  all  fishing,  or 
marking  other  areas  in  which  oyster  tonging  or  dredging  is  prohibited  by 
law  and  those  marking  oyster  bottoms  that  aie  leased  foi  oj'Stei  cultiva¬ 
tion,  or  shall  injure  or  destroy  any  boat  or  other  property  of  any  kind  used 
by  the  Fisheries  Commission  Board  or  any  officer  or  employe  thereof,  shall 
be  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  fined  or  impris¬ 
oned,  at  the  discretion  of  the  court;  and  any  person  anchoring  or  mooring 


16 


Xorth  Carolina  Fishing  Laws 


a  boat  to  any  of  these  buoys  or  posts  shall,  upon  conviction,  be  fined  not 
less  than  twenty-five  dollars  nor  more  than  one  hundred  dollars  and  im¬ 
prisoned  thirty  days  in  jail,  at  the  discretion  of  the  court. 

1915,  c.  84,  s.  22;  1917,  c.  290,  s.  8 

1897.  Explosives,  cl  mgs,  and  poisons  prohibited.  It  shall  be  unlawful 
to  place  in  any  of  the  waters  of  this  State  any  dynamite,  giant  or 
electric  powder,  or  any  explosive  substance  whatever,  or  any  drug  or 
poisoned  bait,  for  the  purpose  of  taking,  killing  or  injuring  fish.  And 
any  one  violating  this  section  shall,  upon  conviction,  be  fined  not  less  than 
one  hundred  dollars  and  imprisoned  not  less  than  thirty  days. 

1915,  c.  84,  s.  19. 

1898.  Possession  of  fish  killed  by  explosives  as  evidence.  The  posses¬ 
sion  of  fish  killed  by  explosive  agencies  shall  be  prima  facie  evidence  that 
explosives  were  used  for  the  purpose  of  killing  fish. 

Rev.,  s.  2466;  Code,  s.  3405;  1889,  c.  312;  1911,  c.  170. 

J899.  Discharge  of  deleterious  matter  into  waters  prohibited.  It  shall 
be  unlawful  to  discharge  or  to  cause  or  permit  to  be  discharged  into  the 
waters  of  the  State  any  deleterious  or  poisonous  substance  or  substances 
inimical  to  the  fishes  inhabiting  the  said  water;  and  any  person,  persons 
or  corporation  violating  the  provisions  of  this  section  shall  be  guilty  of  a 
misdemeanor,  and,  upon  conviction,  be  fined  or  imprisoned  in  the  discre¬ 
tion  of  the  court:  Provided,  this  section  shall  not  apply  to  corporations 
chartered  either  by  general  law  or  special  act  before  the  4th  day  of  March, 
1915. 

1915,  c.  84,  s.  20. 

1900.  Operation  of  boats  in  violation  of  rules  and  laws  forfeits  boats 
and  apparatus.  If  any  person,  firm,  or  corporation  shall  use  or  operate 
any  boat  or  vessel  of  any  kind,  in  violation  of  any  rule  of  the  Fisheries 
Commission  Board,  or  any  of  the  fish  laws,  it  shall  ,  be  the  duty  of  the 
Fisheries  Commissioner  to  revoke  any  license  issued  and  seize  such  boat  or 
vessel  and  any  apparatus  or  appliance  so  used  or  operated;  but  the  Fish¬ 
eries  Commission  Board  shall  have  authority  to  compromise  by  agreement 
with  the  owner  of  such  boat  or  appliance  for  any  such  violation,  and  may 
return  such  boat  or  appliance  so  seized  to  the  owner  and  reinstate  license. 

1919,  c.  333,  s.  5. 

For  revocation  of  license  and  forfeiture  of  oyster  boats,  see  s.  1887. 

1901.  Violations  of  fisheries  law  misdemeanor;  licenses  forfeited. 
Upon  failure  of  any  person,  firm,  or  corporation  to  comply  with  any  of  the 
provisions  of  this  article,  or  any  of  the  fisheries  laws,  any  license  issued  to 
any  such  person,  firm,  or  corporation  may  be  revoked  by  the  Fisheries 
Commission,  and  upon  satisfactory  settlement  may  be  reinstated,  with  the 
consent  of  the  board.  All  such  persons  violating  the  provisions  of  this 
article  or  of  the  fisheries  law  shall  be  guilty  of  a  misdemeanor. 

1917,  c.  290,  s.  11  ;  1919,  c.  333,  s.  4. 

SUBCHAPTER  II.  SHELLFISH 
Art.  5.  Shellfish;  General  Laws 
Part  I.  Definition  of  Natural  Oyster  Bed 

1902.  Oyster  bed  defined.  A  natural  oyster  or  clam  bed,  as  distin¬ 
guished  from  an  artificial  oyster  or  clam  bed,  shall  be  one  not  planted  by 
man,  and  is  any  shoal,  reef  or  bottom  where  oysters  are  to  be  found  grow¬ 
ing  in  sufficient  quantities  to  be  valuable  to  the  public. 

Rev.,  s.  2371  ;  1893,  c.  287,  s.  1. 

This  definition  very  nearly  in  the  yards  of  State  v.  Willis,  104-764. 


f 


17 


Xorth  Carolina  Fishing  Laws 

Part  2.  Leases  of  Bottoyns 

1903.  Fisheries  Commissioner  to  lease.  The  Fisheries  Commissioner 
shall  have  power  to  lease  to  any  duly  qualified  person,  firm,  or  corporation, 
for  purposes  of  oyster  or  clam  culture,  any  bottom  of  the  waters  of  the 
State  not  a  natural  oyster  bed,  as  defined  in  this  article,  nor  a  clam  reser¬ 
vation,  as  defined  in  this  article,  in  accordance  with  the  provisions  of  this 
part  of  this  article. 

1909,  c.  871,  ss.  1,  9;  1919,  c.  333,  s.  6. 

1904.  Lessee  to  be  citizen.  Any  citizen  of  North  Carolina,  or  firm  or 
corporation  organized  under  the  laws  of  the  State  and  doing  business 
within  its  limits,  shall  be  granted  the  privilege  of  taking  up  bottoms  for 
purposes  of  oyster  or  clam  culture,  under  the  provisions  of  this  article. 

1909,  c.  871,  ss.  2,  9;  1919,  c.  333,  s.  6. 

1905.  Areas  leased  in  different  waters.  The  area  which  may  be  taken 
up  for  purposes  of  oyster  or  clam  culture  shall  not  be  less  than  one  acre 
nor  more  than  fifty  acres,  with  the  exception  of  the  open  waters  of  Pamlico 
Sound  (and  for  the  purposes  of  this  article  open  waters  of  Pamlico  Sound 
shall  mean  the  waters  that  are  outside  of  two  miles  of  the  shore  line),  in 
which  the  minimum  limit  shall  be  five  acres  and  the  maximum  shall  be 
two  hundred  acres:  Provided,  that  the  limit  of  entry  in  Core  Sound,  North 
River,  Newport  River,  Bogue  Sound,  and  all  bays  and  creeks  bordering  on 
these  waters,  and  in  Jones  Bay,  Rose  Bay,  Abels  Bay,  Swan  Quarter  Bay, 
Middle  Bay,  Bay  River,  Deep  Bay,  Juniper  Bay,  West  and  East  Bluff  bays, 
Wysocking  Bay,  Fire  Creek,  Stumpy  Point  Bay,  Mouse  Harbor  Bay,  Maw 
Bay  and  Broad  Creek,  tributaries  of  Pamlico  Sound,  shall  be  one  acre  as  a 
minimum  and  ten  acres  as  a  maximum:  Provided  further,  however,  that 
after  March  9,  1910,  the  minimum  area  in  Core  Sound,  North  River,  New¬ 
port  River,  Bogue  Sound,  and  all  bays  and  creeks  bordering  on  these 
waters,  and  in  Jones  Bay,  Rose  Bay,  Abels  Bay,  Swan  Quarter  Bay,  Middle 
Bay,  Bay  River,  Deep  Bay,  Juniper  Bay,  West  and  East  Bluff  bays,  Wysock¬ 
ing  Bay,  Fire  Creek,  Stumpy  Point  Bay,  Mouse  Harbor  Bay,  Maw  Bay  and 
Broad  Creek,  tributaries  of  Pamlico  Sound,  shall  be  one  acre  and  the 
maximum  fifty  acres;  but  no  person,  firm,  corporation,  or  association  shall, 
severally  or  collectively,  hold  any  interest  in  any  lease  or  leases  aggregat¬ 
ing  an  area  of  greater  than  fifty  acres,  except  in  the  open  waters  of  Pam¬ 
lico  Sound,  where  the  aggregate  area  shall  be  two  hundred  acres. 

The  Fisheries  Commission  Board  shall  have  authority  to  specify  the 
acreage  any  one  person  may  lease  in  the  counties  of  Pender,  New  Hanover, 
and  Brunswick. 

1909,  c.  871,  ss.  2,  9;  1919,  c.  333,  s.  6;  1921,  Ex.  Sess.,  c.  46. 

1906.  Prerequisites  for  lease;  application;  deposit;  survey;  location. 
Such  persons,  firms,  or  corporations  desiring  to  avail  themselves  of  the 
privileges  of  this  article  shall  make  written  application,  on  a  form  to  be 
prepared  by  the  Fisheries  Commissioner,  setting  forth  the  name  and 
address  of  the  applicant,  describing  as  definitely  as  may  be  the  location  and 
extent  of  the  bottom  for  which  application  is  made,  and  requesting  the 
survey  and  leasing  to  the  applicant  of  said  bottom.  As  soon  as  possible 
after  the  application  is  received,  the  Fisheries  Commissioner  shall  cause  to 
be  made  a  survey  and  map  of  said  bottom,  at  the  expense  of  the  applicant. 
The  Fisheries  Commissioner  shall  also  thoroughly  examine  said  bottoms 
by  sounding  and  by  dragging  thereover  a  chain  to  detect  the  presence  of 
natural  oysters.  Should  any  natural  oysters  be  found,  the  commissioner 


IS 


F’orth  Carolina  Fishing  Laws 


shall  cause  examination  to  he  made  to  ascertain  the  area  and  density  of 
oysters  on  said  bottom  or  bed,  to  determine  whether  the  same  is  a  natural 
bed,  under  the  definition  contained  in  this  article.  He  shall  be  assisted  in 
this  examination  on  tonging  ground  by  an  expert  tonger,  to  be  appointed 
by  the  board  of  county  commissioners  of  the  county  in  which  said  bottom 
or  the  greater  portion  thereof  is  located,  and  the  question  as  to  whether 
the  oyster  growth  is  sufficiently  dense  to  fall  within  the  definition  of  the 
natural  bed  shall  be  determined  by  the  quantity  of  oysters  which  the  said 
expert  tonger  may  be  able  to  take  in  a  specified  time;  and  on  dredging 
ground  the  commissioner  shall  be  assisted  by  an  expert  dredger,  appointed 
by  the  board  of  county  commissioners  of  the  county  in  which  said  bottom 
or  the  greater  portion  thereof  is  located,  and  the  question  as  to  whether 
the  oyster  growth  is  sufficiently  dense  to  fall  within  the  definition  of  the 
natural  bed  shall  be  determined  by  the  quantity  of  oysters  which  the  said 
expert  dredger  may  be  able  to  take  in  a  specified  time.  The  Fisheries 
Commissioner  shall  require  the  bodies  of  bottoms  applied  for  to  be  as 
compact  as  possible,  taking  into  consideration  the  shape  of  the  body  of 
water  and  the  consistency  of  the  bottom.  No  application  shall  be  enter¬ 
tained  nor  lease  granted  for  a  piece  of  bottom  within  two  hundred  yards  of 
a.  known  natural  bottom,  bed  or  reef.  A  deposit  of  ten  dollars  will  be 
required  of  each  applicant  at  the  time  of  making  his  application,  said  sum 
to  be  credited  to  the  cost  of  the  survey  of  the  bottom  applied  for. 

1909,  c.  871,  ss.  3,  9  ;  1919,  c.  333,  s.  6. 

1907.  Execution  of  lease;  notice  and  filing;  marking  and  planting. 

Immediately  upon  the  completion  of  the  survey  and  the  mapping  thereof, 
and  the  payment  by  the  applicant  of  the  cost  of  said  survey  and  map,  the 
Fisheries  Commissioner  shall  execute  to  the  applicant,  upon  a  form 
approved  by  the  Attorney  General  of  the  State,  a  lease  for  the  bottoms 
applied  for.  A  copy  of  the  lease,  map  of  the  survey,  and  a  description  of 
the  bottom,  defining  its  position,  shall  be  filed  in  the  office  of  the  Fisheries 
Commissioner.  After  the  execution  of  said  lease,  the  lessee  shall  have  the 
sole  right  and  use  of  said  bottoms,  and  all  shells,  oysters  and  culls  thereon 
or  placed  thereon  shall  be  his  exclusive  property  so  long  as  he  complies 
with  the  provisions  of  this  law.  The  lessee  shall  stake  off  and  mark  the 
bottoms  leased  in  the  manner  prescribed  by  the  Fisheries  Commissioner, 
and  failure  to  do  so  within  a  period  of  thirty  days  of  an  order  so  to  do 
issued  by  the  commissioner  shall  subject  said  lessee  to  a  fine  of  five  dollars 
per  acre  for  each  sixty  days  default  in  compliance  with  said  order.  The 
corner  stakes,  at  least,  of  each  lease  shall  be  marked  with  signs  plainly 
displaying  the  number  of  the  lease  and  the  name  of  the  lessee.  The  lessee 
shall,  within  two  years  of  the  commencement  of  his  lease,  have  planted 
upon  his  holdings  a  quantity  of  shells  equal  to  an  average  of  fifty  bushels 
of  seed  oysters  or  shells  per  acre  of  holdings,  and  within  four  years  from 
the  commencement  of  his  lease  a  quantity  of  oysters  or  shells  equal  to  an 
average  of  not  less  than  one  hundred  and  twenty-five  bushels  per  acre. 
The  Fisheries  Commissioner  shall,  upon  granting  any  lease,  publish  a 
notice  of  the  granting  of  same  in  a  newspaper  of  general  circulation  in  the 
county  wherein  the  bottom  leased  is  located. 

1909,  c.  871,  ss.  4,  9;  1919,  c.  333,  s.  6. 

1908.  Term  and  rental.  All  leases  made  under  the  provisions  of  this 
article  shall  begin  upon  the  issuance  of  the  lease,  and  shall  expire  on  the 
first  day  of  April  of  the  twentieth  year  thereafter.  The  rental  shall  be  at 
the  rate  of  one  dollar  per  acre  for  the  first  ten  years  and  two  dollars  per 
acre  per  year  for  the  next  ten  years  of  the  lease,  payable  annually  in 


Xoeth  Carolina  Fishing  Laws 


% 


19 


advance  on  the  first  day  of  April  of  each  year:  Provided,  that  in  the  open 
waters  of  Pamlico  Sound  (and  for  the  purposes  of  this  article  the  open 
waters  of  Pamlico  Sound  shall  mean  the  waters  that  are  outside  the  four 
miles  of  the  shore  line)  the  rental  shall  be  at  the  rate  of  fifty  cents  per 
acre  per  year  for  the  first  three  years,  one  dollar  per  acre  per  year  for  the 
next  seven  years,  and  two  dollars  per  acre  per  year  for  the  next  ten  years 
of  the  lease.  This  rental  shall  be  in  lieu  of  all  other  taxes  and  imposts 
whatever,  and  shall  be  considered  as  all  and  the  only  taxation  which  can 
be  imposed  by  the  State,  counties,  municipalities  or  other  subordinate 
political  bodies.  The  rental  for  the  first  year  shall  be  paid  in  advance,  to 
an  amount  proportional  to  the  unexpired  part  of  the  year  to  the  first  of 
April  next  succeeding. 

1909,  c.  871,  ss.  5,  9;  1919,  c.  333,  s.  6. 

1909.  Nature  of  lessee’s  rights;  assignment  and  inheritance.  The  said 
lease  shall  be  heritable  and  transferable,  in  whole  or  in  part,  provided  the 
qualifications  of  the  heirs  and  transferees  are  such  as  are  described  by 
this  article.  Non-residents,  acquiring  by  inheritance  or  process  sale,  or 
persons  already  holding  the  maximum  area  permitted  by  this  article,  shall, 
within  a  period  of  twelve  months  from  the  time  of  acquisition,  dispose  of 
said  prohibited  or  excess  of  holding  to  some  qualified  person,  firm  or  cor¬ 
poration,  under  penalty  of  forfeiture.  The  lease  shall  be  subject  to  mort¬ 
gage,  pledge,  seizure  for  debt  and  the  same  other  transactions  as  are  other 
property  rights  in  North  Carolina.  No  transfer  shall  be  of  effect  unless  of 
court  record,  until  entered  on  the  books  of  the  Fisheries  Commissioner. 

1909.  c.  871,  ss.  6,  9;  1919,  c.  333,  s.  6. 

1910.  Renewal  of  lease.  The  term  of  each  lease  granted  under  the 
provisions  of  this  article  shall  be  for  a  period  of  twenty  years  from  the  first 
day  of  April  preceding  the  date  of  granting  of  said  lease.  At  the  expira¬ 
tion  of  the  first  lease,  the  lessee,  upon  making  written  application  on  the 
prescribed  form,  shall  be  entitlded  to  successive  leases  on  the  same  terms 
as  applied  to  the  last  ten  years  of  the  first  lease,  for  a  period  not  exceeding 
ten  years  each. 

1909,  c.  871,  ss.  7,  9;  1919,  c.  333,  s.  6. 

1911.  Forfeiture  of  lease  for  nonpayment.  The  failure  to  pay  the 
rental  of  bottoms  leased  for  each  year  in  advance  on  or  before  the  first, 
day  of  April,  or  within  thirty  days  thereafter,  shall  ipso  facto  cancel  said 
lease,  and  shall  forfeit  to  the  State  the  said  leased  bottoms  and  all  oysters 
thereon,  and  upon  said  forfeiture  the  Fisheries  Commissioner  is  hereby 
authorized  to  lease  the  said  bottoms  to  any  qualified  applicant  therefor: 
Provided,  that  no  forfeiture  shall  be  valid,  however,  under  the  provisions 
of  this  section,  unless  there  shall  have  been  mailed  by  the  Fisheries  Com¬ 
missioner  to  the  last  address  of  the  lessee  upon  the  books  of  the  commis¬ 
sioner  a  thirty  days  notice  of  the  maturity  of  said  rental. 

1909,  c.  871,  ss.  8,  9;  1919,  c.  333,  s.  6. 

1912.  Contest  over  grant  of  lease;  time  for  contest;  decision;  appeal. 
If  any  person,  within  four  months  of  the  publication  of  the  notice  of  grant¬ 
ing  of  any  lease,  make  claim  that  a  natural  oyster  bottom,  bed  or  reef 
exists  within  the  boundaries  of  said  lease,  he  shall,  under  oath,  state  his 
claim,  and  request  the  Fisheries  Commissioner  to  cancel  said  lease:  Pro¬ 
vided!  however,  that  each  such  claim  and  petition  shall  be  accompanied  by 
a  deposit  of  twenty-five  dollars.  No  petition  unaccompanied  by  said  deposit 
shall  be  considered  by  the  commissioner.  The  Fisheries  Commissioner 
shall,  in  person,  examine  into  said  claim,  and,  if  the  decision  should  be 


20 


$ 


North  Carolina  Fishing  Laws 


against  the  claimant,  the  deposit  of  twenty-five  dollars  shall  be  forfeited 
to  the  State  and  deposited  to  the  credit  of  the  Fisheries  Commission  fund. 
Should,  however,  the  claim  be  sustained  and  a  natural  bed  be  found  within 
the  boundary  of  the  lease,  the  said  natural  bed  shall  be  surveyed  and 
marked  with  stakes  or  buoys,  at  the  expense  of  the  lessee,  and  the  said 
natural  bed  be  thrown  open  to  the  public  fishery.  If  no  such  claim  be 
presented  within  a  period  of  four  mouths,  or  if  when  so  presented  it  fail  of 
substantiation,  as  provided,  the  lessee  shall  thereafter  be  secure  from 
attack  on  such  account,  and  his  lease  shall  be  incontestable  so  long  as  he 
complies  with  the  other  provisions  of  this  article.  In  each  and  every  such 
case  the  decision  of  the  Fisheries  Commissioner  shall  be  subject  to  review 
and  appeal  before  a  judge  of  the  Superior  Court,  who  shall  render  a  de¬ 
cision  without  the  aid  of  a  jury,  and  his  decision  shall  be  final. 

1909,  c.  871,  s.  9;  1919,  c.  333,  s.  6. 

Part  3.  Licenses  and  Taxes 

1913.  License  to  catch  oysters;  oath  of  applicant.  Any  person  desiring 
to  catch  oysters  from  the  public  grounds  and  natural  oyster  beds  shall 
make  and  subscribe  to  the  following  oath,  before  some  officer  qualified  to 
administer  oaths: 

I,  .  (state  if  owner,  lessee,  master,  captain,  mate,  foreman,  or  agent  of  any 

boat  used,  or  that  may  be  used,  in  dredging  oysters  from  the  public  grounds  of  the  State), 
being  an  applicant  for  oyster  license,  do  solemnly  swear  that  I  am  a  citizen  of  North  Caro¬ 
lina,  and  have  been  a  resident  of  the  State  for  the  two  years  next  preceding  this  day ;  that 

my  place  of  residence  is  now  in  .  County  ;  that  I  will  not,  if  granted  license, 

employ  any  nonresident  or  unlicensed  person  as  an  assistant  or  serve  as  an  assistant  to  any 
nonresident  who  is  owner,  lessee,  master,  captain,  mate  or  foreman,  or  who  has  any 
interest  in,  or  in  the  profits  derived  from,  any  boat  that  is  used  or  that  may  be  used  in 
dredging  oysters  from  the  public  grounds  of  the  State,  or  unlicensed  person,  nor  will  I  trans¬ 
fer,  assign,  or  otherwise  dispose  of  my  license  to  any  person,  firm,  or  corporation ;  that 
I  will  not  knowingly  or  willfully  violate  or  evade  any  of  the  laws  or  regulations  of  the  State 
relating  to  oyster  industry  ;  so  help  me,  God. 


He  shall  then  present  to  and  file  said  oath  with  the  Fisheries  Commis¬ 
sioner,  assistant  commissioner  or  inspector,  who,  if  satisfied  with  the  truth 
of  the  statement  made  in  the  oath  of  application,  shall  issue  to  him  an 
oysterman’s  license  in  the  following  form: 

State  of  North  Carolina, . County. 

. ,  a  resident  of . County,  having  this  day  made  application  to  me 

for  an  oysterman’s  license,  and  having  filed  with  me  the  oath  prescribed  by  law,  I  do  hereby 
grant  to  him  license  to  catch  oysters  from  the  public  grounds  of  this  State  from  the  fifteenth 
day  of  October, . ,  until  the  first  day  of  next  April. 

Witness  my  hand  and  official  seal,  this  the . day  of . ,  19 . 

. . . . . . . . . .... . . > 

Fisheries  Commissioner,  Assistant  Fisheries  Commissioner,  or 

Inspector  (as  the  case  may  be). 

Rev.,  s.  2409  ;  1903,  c.  516,  s.  7  ;  1905,  c.  525,  ss.  4,  6. 

For  making  false  affidavits,  see  this  chapter,  s.  1933. 


1914.  Filing  oath;  recording  license;  fees.  The  oath  and  a  record  of 
the  license  shall  be  kept  by  the  Fisheries  Commissioner,  assistant  commis¬ 
sioner,  or  inspector,  and  for  issuing  and  recording  the  same  he  shall 
receive  from  the  applicant  a  fee  of  twenty-five  cents,  which,  together  with 
all  other  license  fees  collected  under  this  chapter,  shall  be  paid  over  to  the 
State  Treasurer  and  constitute  part  of  the  Fisheries  Commission  fund.  No 
fee  shall  be  charged  by  the  clerk  for  administering  the  oath. 

Rev.,  s.  2409  ;  1903,  c.  516,  s.  7  ;  1905,  c.  525,  ss.  4,  6. 

1915.  Licensee  to  be  resident,  not  interested  in  oyster  boat.  No  per¬ 
son  shall  be  licensed  to  catch  oysters  from  the  public  grounds  of  the  State 
who  is  owner,  lessee,  master,  captain,  mate,  or  foreman,  or  who  owns  an 
interest  in  or  who  is  an  agent  for  any  boat  that  is  used  or  that  may  be  used 


21 


FTorth  Carolina  Fishing  Laws 


m  dredging  oysters  from  the  public  grounds  of  the  State,  who  is  not  a  bona 
fide  resident  of  this  State,  and  who  has  not  continuously  resided  therein 
or  two  years  next  preceding  the  date  of  his  application  for  license,  and  no 
nonresident  shall  be  employed  as  a  laborer  on  any  boat  licensed  to  dredge 
oysters  under  this  subchapter  who  has  an  interest  in  or  who  receives  any 
piofit  fiom  the  oysters  caught  by  any  boat  permitted  to  dredge  oysters  on 
the  public  grounds  of  the  State.  Any  person,  firm  or  corporation  employ¬ 
ing  any  nonresident  laborer  forbidden  by  this  section,  upon  conviction, 
shall  be  fined  not  less  than  fifty  dollars  nor  more  than  five  hundred  dollars. 

Rev.,  s.  2408;  1903,  c.  516,  s.  6;  1905,  c.  525,  s.  3. 

1916.  Tax  on  oysters  exported  from  State.  All  oysters  going  out  of 
the  State  in  any  boat  or  vessel  shall  pay  a  tax  of  two  cents  per  tub. 

1907,  c.  969,  s.  11  ;  Ex.  Sess.  1913,  c.  42,  s.  3. 

Brooks Trip^  135-159  MP0W  clams  and  oysters  shipped  out  of  county  is  constitutional: 


1917.  Oyster  dealer’s  license.  The  Fisheries  Commissioner,  assistant 
commissioner  or  inspector  shall,  upon  application  and  the  payment  of  a 
fee  of  fifty  cents,  grant  to  the  applicant  a  dealer’s  license,  authorizing  the 
applicant  to  engage  in  the  business  of  buying,  purchasing,  canning,  pack¬ 
ing,  shucking  or  shipping  oysters.  Such  license  shall  not  be  issued  prior 
to  the  fifteenth  day  of  November  of  any  year  and  shall  expire  on  the  fif¬ 
teenth  day  of  March  following.  The  assistant  fisheries  commissioner  or 
inspector  granting  the  license  shall  at  once  mail  a  duplicate  to  the  Fish¬ 
eries  Commissioner.  Nothing  contained  in  this  section  (except  as  to  New 
Hanover,  Onslow  and  Pender  counties)  shall  be  deemed  to  require  any 
license  of  persons  engaged  in  the  business  of  buying,  purchasing,  canning, 
packing,  shucking  or  shipping  oysters  which  were  not  taken  or  caught 
from  the  public  grounds  or  natural  oyster  beds  of  the  State:  Provided, 
that  in  New  Hanover,  Onslow  and  Pender  counties  such  license  shall  not 
be  issued  prior  to  the  fifteenth  day  of  October  in  any  year  and  shall  expire 
on  the  first  day  of  April  following. 

Rev.,  s.  2411;  1903,  c.  516,  s.  9;  1905,  c.  525,  s.  6;  1907,  c.  969,  ss.  7,  13;  1915,  c.  136,  s.  3. 

Fish  and  oysters,  being  food  supply,  come  within  the  police  regulation  of  the  State :  State 
v.  Sermons,  169-285.  Failure  to  obtain  a  license  applied  for  at  an  improper  time  will  not 
excuse  a  dealer  when  buying  from  owner  of  private  oyster  bed:  State  v.  Sermons,  169-285. 


1918.  Monthly  report  of  licenses  to  be  filed.  The  Fisheries  Commis¬ 
sioner,  assistant  commissioner  or  inspector  who  are  authorized  to  issue 
license  or  to  collect  a  license  tax  shall,  on  or  before  the  fifteenth  day  of 
each  month,  mail  to  the  Fisheries  Commissioner  a  statement,  showing  all 
licenses  issued  during  the  preceding  month,  to  whom  issued  and  for  what 
purpose,  and  the  amount  of  tax  collected  by  them  from  all  sources  under 
the  oyster  laws,  and  shall  at  the  same  time  remit  said  amount  direct  to  the 
State  Treasurer.  They  shall  at  the  same  time  mail  to  each  inspector  ask¬ 
ing  for  the  same  a  list  of  all  persons  to  whom  license  has  been  issued  and 
of  all  boats  or  vessels  licensed,  and  for  what  purpose. 

Rev.,  s.  2412  ;  1903,  c.  516,  s.  4  ;  1905,  c.  525,  s.  6. 

1919.  Oyster  beds  real  property  for  taxation,  etc.  All  grounds,  taken 
up  or  held  for  the  purpose  of  cultivating  shellfish  shall  be  subject  to  taxa¬ 
tion  as  real  estate,  and  shall  be  so  considered  in  the  settlement  of  the 
estates  of  deceased  or  insolvent  persons. 

Rev.,  s.  2380;  1887,  c.  119,  s.  9. 


22 


Xorth  Carolina  Fishing  Laws 


Part  //.  Catching  and  Dealing  in  Oysters  Regulated 

1920.  Close  season  for  oysters;  exceptions.  If  any  person  shall  buy  or 
sell  oysters  in  the  shell  which  have  been  taken  from  the  public  grounds  or 
natural  oyster  beds  of  this  State  between  the  fifteenth  day  of  April  and  the 
fifteenth  day  of  October  in  any  year,  he  shall  be  guilty  of  a  misdemeanor 
and  be  fined  not  more  than  fifty  dollars  or  imprisoned  not  more  than  thirty 
days:  Provided,  that  oysters  may  be  taken  with  hand-tongs  from  March 
fifteenth  to  May  first  and  with  dredges  from  March  fifteenth  to  April  fifth, 
in  any  year,  to  be  used  for  planting  on  private  grounds  entered  and  held 
under  the  laws  of  this  State,  upon  the  condition  further  that  they  shall  not 
be  removed  from  said  private  grounds  within  a  period  of  three  months 
from  time  of  planting:  Provided  further,  that  oysters  may  be  taken  with 
hand-tongs  only  for  home  consumption:  Provided  further,  that  coon  oys¬ 
ters  may  be  taken  from  November  first  to  May  first  of  each  year  in  the 
waters  of  Onslow  and  Carteret  counties. 

This  section,  except  as  specifically  provided,  is  inapplcable  to  New  Han¬ 
over,  Onslow  and  Pender  counties. 

Rev.,  s.  2383  ;  1907,  c.  969,  ss.  4,  13  ;  1913,  c.  85  ;  1915,  c.  120. 

Section  referred  to  in  State  v.  Sermons,  169-285. 

1921.  Oyster  dealers  to  keep  records.  All  persons  engaged  in  buying, 
packing,  canning,  shucking  or  shipping  oysters  shall  keep  a  permanent 
record  of  all  oysters  either  bought  or  caught  by  them,  or  by  persons  for 
them,  when  and  from  whom  bought,  the  number  of  bushels  and  the  price 
paid  therefor.  All  these  records  shall  at  all  times  be  open  to  the  exami¬ 
nation  and  inspection  of  the  Fisheries  Commissioner,  assistant  commis¬ 
sioner  and  inspector,  and  upon  request  shall  be  verified  by  the  parties 
making  them.  If  any  person  engaged  in  buying,  packing,  canning,  shuck¬ 
ing  or  shipping  oysters  taken  or  caught  from  the  public  grounds  or  natural 
oyster  beds  of  the  State  shall  fail  to  keep  a  permanent  record  of  all  oysters 
bought  by  him  or  caught  by  him,  or  by  persons  for  him,  when  and  from 
whom  bought,  the  number  of  bushels  and  the  price  paid  therefor,  or  shall 
fail  upon  demand  to  exhibit  such  record  as  required  by  law,  or  shall  fail 
to  verify  the  same,  he  shall  be  guilty  of  a  misdemeanor,  and  be  fined  not 
exceeding  fifty  dollars  or  imprisoned  not  exceeding  thirty  days. 

Rev.,  ss.  2396,  2418;  1903,  c.  516,  s.  5;  1915,  c.  136,  s.  2. 

1922.  Oyster  measure.  All  oysters  measured  in  the  shell  shall  be 
measured  in  a  circular  tub  with  straight  sides  and  straight,  solid  bottom, 
with  holes  in  the;  bottom  not  more  than  one-half  inch  in  diameter.  The 
said  measures  shall  have  the  following  dimensions:  A  bushel  tub  shall 
measure  eighteen  inches  from  inside  to  inside  across  the  top,  sixteen 
inches  from  inside  to  inside  chimb  to  the  bottom,  and  twenty-one  inches 
diagonal  from  inside  chimb  to  top.  All  measures  found  in  the  possession 
of  any  dealer  not  meeting  the  requirements  of  this  section  shall  be  de¬ 
stroyed  by  said  Fisheries  Commissioner,  assistant  commissioner,  or  in¬ 
spector.  Any  person  using  an  unlawful  measure  for  the  sale  or  purchase 
of  oysters  shall  be  guilty  of  a  misdemeanor. 

Rev.,  s.  2417  ;  1903,  c.  510,  s.  12  ;  1907,  c.  969,  s.  10  ;  Ex.  Sess.  1913,  c.  42,  s.  2. 

1923.  Local  modification  as  to  oyster  measures  in  New  Hanover,  Ons¬ 
low  and  Pender  counties.  In  New  Hanover,  Onslow  and  Pender  counties 
all  measures  used  for  buying  or  selling  oysters  shall  have  a  brand,  to  be 
adopted  by  the  Fisheries  Commissioner,  stamped  therein  by  said  commis¬ 
sioner,  assistant  commissioner,  or  his  lawful  inspectors. 

Rev.,  s.  2417  ;  1903,  c.  516,  s.  12  ;  1907,  c.  969,  s.  13. 


orth  Carolina  Fishing  Laws 


23 


1924.  Illegal  measures  prohibited.  If  any  person  shall  in  buying  or 
selling  oysters  use  any  measure  other  than  that  prescribed  by  law  for  the 
measurement  of  oysters,  or  if  any  dealer  in  oysters  shall  have  in  his  pos¬ 
session  any  measure  for  measuring  oysters  other  than  that  prescribed  by 
law,  he  shall  be  guilty  of  a  misdemeanor  and  be  fined  not  exceeding  fifty 
dollars  or  imprisoned  not  exceeding  thirty  days. 

Rev.,  s.  2399  ;  1903,  c.  516,  s.  12. 

1925.  Dredging  regulated  as  to  territory  and  season.  Any  bona  fide 
resident  of  the  State  duly  licensed  according  to  law  and  using  a  licensed 
boat  or  vessel,  may  use  scoops,  scrapes  or  dredges  in  catching  or  taking 
oysters  from  the  fifteenth  day  of  November  in  each  year  to  the  first  day  of 
April  following,  from  the  public  grounds  and  natural  oyster  beds  in  the 
broad  open  waters  of  Pamlico  Sound,  Pamlico  River,  Neuse  River  and 
Shoal  River,  except  in  those  portions  of  said  sound  and  rivers  in  which  the 
use  of  such  instruments  and  implements  is  prohibited  as  herein  provided. 
No  person  shall  use  any  implement  or  instrument  except  hand-tongs  in 
catching  oysters  in  any  bay,  river,  creek,  strait,  or  any  tributary  of  such, 
which  borders  upon  or  empties  into  Pamlico  Sound,  Pamlico  River,  or  Long 
Shoal  River,  except  as  hereinafter  provided;  and  any  point  inside  of  a  line 
drawn  from  the  farthest  or  extreme  outward  point  of  land  or  marsh  on  the 
one  side  to  the  farthest  or  extreme  outward  point  of  land  or  marsh  on  the 
opposite  side  of  any  creek,  strait  or  bay  shall  be  construed  to  be  within 
the  said  creek,  strait  or  bay  for  the  purpose  of  this  section.  Nor  shall 
any  person  use  any  implement  or  instrument  except  hand-tongs  in  the 
waters  of  Pamlico  Sound  from  what  is  known  as  the  reef  or  reefs  in  the 
eastern  portion  of  said  sound  to  the  line  of  banks  bordering  its  eastern 
shores;  nor  along  the  shores  of  Pamlico  County  inside  of  a  line  beginning 
at  Maw  Point  and  running  to  the  west  end  of  Brant  Island,  thence  to  Pam¬ 
lico  Point;  nor  in  the  waters  of  Pamlico  Sound  north  of  a  line  running 
from  Long  Shoal  Light  to  Gull.  Shoal  Live-saving  Station,  from  the  first 
day  of  February  of  each  year  to  the  fifteenth  day  of  November,  nor  in  any 
of  the  waters  of  Carteret  County.  And  for  the  purpose  of  this  section,  the 
northern  boundary  of  said  county  shall  be  a  line  extending  from  Swan 
Point  to  Harbor  Island  Light,  thence  a  line  to  Southwest  Straddle  Light, 
thence  a  line  to  Northwest  Point  Light,  thence  a  line  to  the  middle  of 
Ocracoke  Inlet;  nor  in  the  waters  of  Neuse  River  above  a  line  in  said 
river  running  from  Carbacon  buoy  to  the  western  point  of  land  at  Pierce’s 
Creek. 

Rev.,  2413;  1903,  c.  516,  ss.  13,  14,  15  ;  1905,  c.  501,  s.  2. 

1926.  Illegal  dredging  prohibited;  evidence.  If  any  person  shall  use 
any  scoops,  scrapes  or  dredges  for  catching  oysters  except  at  the  times  and 
in  the  places  in  this  chapter  expressly  authorized,  or  shall  between  the 
fifth  day  of  April  and  the  fifteenth  day  of  November  of  any  year  carry  on 
any  boat  or  vessel  any  scoops,  scrapes,  dredges  or  winders,  such  as  are  usu¬ 
ally  or  can  be  used  for  taking  oysters,  he  shall  be  guilty  of  a  misdemeanor. 

If  any  boat  or  vessel  shall  be  seen  sailing  on  any  of  the  waters  of  this 
State  during  the  season  when  the  dredging  of  oysters  is  prohibited  by  law 
in  the  same  manner  in  which  they  sail  to  take  or  catch  oysters  with  scoops, 
scrapes  or  dredges,  the  said  boat  or  vessel  shall  be  pursued  by  any  officer 
authorized  to  make  arrests,  and  if  said  boat  or  vessel  apprehended  by  said 
officer  shall  be  found ‘to  have  on  board  any  wet  oysters,  or  the  scoops, 
scrapes,  dredges  or  lines  or  deck  wet,  indicating  the  taking  or  catching  of 
oysters  at  said  time,  and  properly  equipped  for  catching  or  taking  oysters 
with  scoops,  scrapes  or  dredges,  such  facts  shall  be  prima  facie  evidence 


24 


North  Carolina  Fishing  Laws 


that  said  boat  or  vessel  has  been  used  in  violation  of  the  provisions  of  the 
law  prohibiting  the  taking  or  catching  of  oysters  with  scoops,  scrapes  or 
dredges  in  prohibited  territory,  or  at  a  season  when  the  taking  or  catching 
of  oysters  with  scoops,  scrapes  or  dredges  is  prohibited  by  law,  as  the 
case  may  be. 

Rev.,  ss.  2385,  2397  ;  1903,  c.  516,  ss.  13,  14,  15,  28. 

1927.  Dredging  prohibited  in  certain  waters  of  Pamlico  Sound;  excep¬ 
tion.  It  shall  be  unlawful  for  any  person  to  use  any  rakes,  scrapes,  scoops 
or  dredges,  or  any  other  instrument  or  implement  other  than  ordinary 
hand-tongs,  for  the  purpose  of  taking  or  catching  oysters  from  the  public 
oyster  grounds  or  natural  oyster  beds  in  any  of  the  waters  of  Pamlico 
Sound  or  its  tributaries  north  of  a  line  running  from  West  Bluff  Bay  to  the 
center  of  Ocracoke  Inlet;  any  person  found  guilty  of  the  violation  of  this 
prohibition  shall  be  punished  by  a  fine  not  less  than  twenty-five  dollars  or 
imprisoned  not  less  than  thirty  days. 

1909,  c.  559. 

1928.  Culling  required;  size  limit.  All  oysters  taken  from  the  public 
grounds  of  this  State,  with  whatsoever  instrument  or  implement,  shall  be 
culled,  and  all  oysters  whose  shells  measure  less  than  two  and  one-lialf 
inches  in  longest  diameter,  except  such  as  are  atached  to  a  large  oyster 
and  cannot  be  removed  without  destroying  the  small  oyster,  and  all  shells 
taken  with  the  said  oysters  shall  be  returned  to  the  public  ground  when 
and  where  taken,  and  no  oysters  shall  be  allowed  by  the  inspectors  to  be 
marketed  which  shall  consist  of  more  than  ten  per  cent  of  such  small 
oysters  and  shells,  except  “coon”  oysters  and  oysters  largely  covered  with 
mussels:  Provided,  these  musseled  oysters  must  not  contain  more  than 
five  per  cent  of  shells  or  small  oysters  under  regulation  size. 

Rev.,  s.  2415  ;  1903,  c.  516,  s.  11  ;  1905,  c.  525  ;  1907,  c.  969,  s.  8  ;  Ex.  Sess.  1913,  c.  42,  s.  1. 

1929.  Local  modification  as  to  culling  oysters  in  New  Hanover,  Onslow 
and  Pender  counties.  In  New  Hanover,  Onslow  and  Pender  counties  the 
preceding  section  is  in  force,  except  that  the  oysters  shall  be  measured 
“from  hinge  to  mouth,”  instead  of  in  longest  diameter. 

Rev.,  s.  2415;  1903,  c.  516,  s.  11;  1905,  c.  525;  1907,  c.  969,  s.  13. 

1930.  Taking  unculled  oysters  for  planting  permitted  to  residents. 

Residents  of  the  State  of  North  Carolina  shall  be  permitted  to  take  oysters 
without  culling  from  natural  rocks  at  any  time  during  the  year  for  plant¬ 
ing  purposes  only,  in  the  waters  of  North  Carolina. 

1917,  c.  153. 

1931.  Unculled  oysters  seized  and  scattered  on  public  grounds.  When¬ 
ever  oysters  are  offered  for  sale  or  loaded  upon  any  vessel,  car  or  train, 
without  having  been  properly  culled  according  to  law,  the  commissioner, 
assistant  commissioner,  or  inspector  shall  seize  the  boat,  vessel,  car  or 
train  containing  the  same  and  shall  cause  the  said  oysters  to  be  scattered 
upon  the  public  grounds,  and  the  costs  and  expenses  of  said  seizure  and 
transportation  shall  be  a  prior  lien  to  all  liens  on  said  boat,  vessel,  car  or 
train,  and  if  not  paid  on  demand  the  officers  making  the  seizure  shall, 
after  advertisement  for  twenty  days,  sell  the  same ‘and  make  title  to  the 
purchaser,  and  after  paying  expenses  as  aforesaid  pay  the  balance,  if  any, 
into  the  oyster  fund.  For  the  towing  of  said  boat,  a  charge  of  three  dol- 


25 


North  Carolina  Fishing  Laws 

lais  and  fifty  cents  per  hour  shall  be  charged  against  said  boat  for  towage. 
The  last  sentence  is  not  applicable  in  New  Hanover,  Onslow  and  Pender 
counties. 

Rev.,  s.  2416;  1903,  c.  516,  s.  3;  1907,  c.  969,  ss.  9,  13. 

See  Section  19^3. 

1932.  Shells  to  be  bought  and  scattered  on  public  beds.  The  Fisher¬ 
ies  Commissioner  is  hereby  empowered  to  expend  one-half  of  the  balance 
to  the  credit  of  the  oyster  fund  on  the  fifteenth  day  of  April  in  each  year 
for  the  purpose  of  buying  oyster  shells  and  scattering  the  same  on  the 
natural  oyster  grounds  of  the  State  during  the  months  of  April  and  May. 

Rev.,  s.  2421  ;  1903,  c.  516,  s.  20. 

1932a.  Oyster  propagating.  The  Fisheries  Commission  Board  of  North 
Carolina  is  hereby  authorized,  empowered  and  directed  to  make  all  neces¬ 
sary  and  proper  arrangements  and  to  take  the  necessary  steps  to  provide 
for  the  planting  in  the  natural  oyster  beds  of  the  public  waters  of  North 
Carolina  all  shells,  “coon  oysters,”  or  “seed  oysters,”  or  such  other  ma¬ 
terial  as  is  well  adapted  for  the  propagation  of  oysters.  The  said  board 
shall  select  such  territory  or  planting  ground  in  the  public  waters  of 
North  Carolina  as  is  best  adapted  to  the  culture  of  oysters,  and  is  most 
conveniently  located  with  reference  to  existing  beds  or  shells,  “coon  oys¬ 
ters”  or  “seed  oysters,”  or  other  material  well  adapted  for  the  propagation 
of  oysters. 

The  board  may  designate  the  location  and  boundaries  of  said  territory 
for  such  planting,  and  may  further  designate  what  oyster  propagating 
materials  shall  be  planted  in  said  territory,  the  manner  and  time  of  said 
planting,  and  from  what  territory  the  said  materials  can  be  secured.  The 
board  shall  carefully  supervise,  or  cause  to  be  carefully  supervised  by  its 
properly  designated  agents,  the  planting  of  such  beds  and  the  distribution 
of  said  oyster  propagating  materials  in  said  territory  or  beds. 

The  board  may  purchase  the  necessary  shells,  “coon  oysters,”  “seed 
oysters,”  or  other  propagating  materials,  and  may  cause  same  to  be  dis¬ 
tributed  in  a  designated  territory  or  territories,  and  the  board  may  provide 
compensation  for  any  work  or  labor  connected  with  the  procuring  of  said 
materials,  or  the  planting  or  distributing  of  said  materials;  or  the  board 
may  let  out  by  private  contract  any  part  of  the  said  procuring  or  distrib¬ 
uting  of  said  materials,  or  both:  Provided,  that  the  complete  and  entire 
cost  of  planting  any  of  said  propagating  materials  shall  not  exceed  the 
sum  of  ten  cents  per  bushel  of  said  materials  so  distributed,  and  the  board 
may  not  make  any  contract  which  will  result  in  making  the  cost  of  plant¬ 
ing  of  any  quantity  of  said  material  exceed  ten  cents  per  bushel. 

It  shall  be  the  duty  of  the  board  to  plainly  and  clearly  mark  and  define 
the  limits  and  boundaries  of  any  territory  which  may  be  planted  with 
oyster  propagating  materials  under  the  provisions  of  this  act.  The  board 
may  prohibit  the  taking  of-  any  oysters  from  any  such  territory  or  area 
for  such  length  of  time  as  the  board  may  determine,  and  the  board  may 
regulate  the  manner  of  such  taking  as  the  board  may  determine:  Pro¬ 
vided,  that  the  board  shall  prohibit  any  taking  of  oysters  from  any  terri¬ 
tory  or  area  so  planted  for  at  least  two  years  after  such  planting. 

Any  person  violating  any  proper  regulations  or  prohibitions  of  said 
board,  or  any  person  who  shall  take  oysters  from  any  territory  or  area 
within  two  years  after  the  planting  of  oyster  propagating  material  in  such 
territory  or  area  under  the  provisions  of  this  act,  shall  be  guilty  of  a  mis¬ 
demeanor  and,  upon  conviction,  shall  be  punished  by  a  fine  or  imprison¬ 
ment,  or  both,  in  the  discretion  of  the  court. 


26 


^n"orth  Carolina  Fishing  Laws 


It  shall  be  the  duty  of  the  board  and  its  assistants  to  enforce  the  pro¬ 
visions  of  this  act,  and  the  regulations  and  prohibitions  of  the  board  may, 
under  the  authority  of  this  act,  be  enforced  in  the  same  manner  as  is  pro¬ 
vided  for  enforcing  the  fishing  laws  of  this  State,  and  the  regulations  of 
the  board  adopted  under  the  authority  of  said  laws,  and  the  board  and  its 
assistants  shall  have  the  same  powers  and  duties  and  obligations  with 
respect  to  the  enforcement  of  this  act  as  the  board  and  its  assistants  have 
with  respect  to  other  fishing  laws  of  this  State. 

1921,  c.  132. 

Part  5.  Criminal  Offenses  Connected  With  Oyster  Industry 

1933.  Perjury  in  application  for  oyster  license.  If  any  person  shall 
make  any  false  statement  for  the  purpose  of  procuring  any  license,  which 
may  be  required  by  law,  to  catch  oysters,  or  to  engage  in  the  oyster  indus¬ 
try,  he  shall  be  guilty  of  perjury  and  punished  as  provided  by  law. 

Rev.,  s.  2390  ;  1903,  c.  516,  s.  17. 

1934.  Catching  oysters  without  license.  If  any  person  shall  catch 
oysters  from  the  public  grounds  of  the  State  without  having  first  obtained 
a  license  according  to  law,  or  shall  employ  any  person  as  agent  or  assistant, 
or  shall  as  the  agent  or  assistant  of  any  person  catch  oysters  from  the 
public  grounds,  without  all  of  said  persons  having  first  obtained  a  license 
according  to  law,  he  shall  be  guilty  of  a  misdemeanor,  and  be  fined  not 
exceeding  fifty  dollars  or  imprisoned  not  exceeding  thirty  days. 

Rev.,  s.  2386  ;  1903,  c.  516,  s.  6. 

1935.  Oyster  dealing  without  license.  If  any  person  shall  engage  in 
the  business  of  buying,  canning,  packing,  shipping  or  shucking  oysters 
taken  or  caught  from  the  public  grounds  or  natural  oyster  beds  of  the 
State,  without  having  first  obtained  a  license  as  required  by  law,  he  shall  be 
guilty  of- a  misdemeanor  and  be  fined  not  exceeding  fifty  dollars  or  impris¬ 
oned  not  exceeding  thirty  days. 

Rev.,  s.  2395  ;  1903,  c.  516,  s.  9  ;  1915,  c.  136,  s.  1. 

This  is  valid  exercise  of  the  police  power,  and  aijplies  to  a  dealer  buying  from  the  owner 
of  a  private  oyster  bed:  State  v.  Sermons,  169-285. 

1936.  Use  of  unlicensed  boat  in  catching  oysters.  If  any  person  shall 
use  any  boat  or  vessel  in  catching  oysters,  which  boat  has  not  been 
licensed  according  to  law,  and  which  is  not  in  all  respects  complying  with 
the  law  regulating  the  use  of  such  vessels,  he  shall  be  guilty  of  a  misde¬ 
meanor  and  shall  be  fined  not  more  than  fifty  dollars  nor  less  than  ten 
dollars,  or  imprisoned  not  more  than  thirty  nor  less  than  ten  days  for  the 
first  offense,  but  for  the  second  or  subsequent  offense  he  shall  be  guilty  cf 
a  misdemeanor  and  punished  at  the  discretion  of  the  court. 

Rev.,  s.  2387  ;  1903,  c.  516,  s.  8. 

1937.  Failure  to  stop  and  show  license.  If  any  person  using  a  boat  or 
vessel  for  the  purpose  of  catching  oysters  shall  refuse  to  stop  and  exhibit 
his  license  when  commanded  to  do  so  by  the  Fisheries  Commissioner, 
assistant  commissioner,  or  any  inspector,  he  shall  be  guilty  of  a  misde¬ 
meanor  and  be  fined  not  less  than  twenty-five  dollars  nor  more  than  fifty 
dollars. 

Rev.,  s.  2389  ;  1903,  c.  516,  s.  26. 

1938.  Displaying  false  number  on  boat.  If  any  person  shall  display 
any  other  number  on  the  sail  than  the  one  specified  in  their  license,  or 


North  Carolina  Fishing  Laws 


27 

display  a  number  when  the  boat  or  vessel  has  not  been  licensed,  he  shall 
be  guilty  of  a  misdemeanor  and  shall  be  fined  not  less  than  twenty-five 
dollars. 

Rev.,  s.  2388  ;  1903,  c.  516,  s.  27. 

1939.  Catching  oysters  for  lime.  If  any  person  shall  take  or  catch  any 
live  oysters  to  be  burned  for  lime  or  for  any  agricultural  or  mechanical 
purpose,  he  shall  be  guilty  of  a  misdemeanor  and  be  fined  not  exceeding 
fifty  dollars  or  imprisoned  not  exceeding  thirty  days:  Provided,  that  shells 
may  be  taken  which  do  not  contain  more  than  five  per  cent  of  live  oysters. 

In  New  Hanover,  Onslow  and  Pender  counties  the  proviso  to  this  sec¬ 
tion  is  not  in  force. 

Rev.,  s.  2400  ;  Code,  s.  3389  ;  1885,  c.  182  ;  1907,  c.  969,  ss.  12,  13. 

1940.  Catching  oysters  Sunday  or  at  night.  If  any  person  shall  catch  or 
take  any  oysters  from  any  of  the  public  grounds  or  natural  oyster  beds  of 
the  State  at  night  or  on  Sunday,  he  shall  be  guilty  of  a  misdemeanor  and  be 
fined  not  exceeding  fifty  dollars  or  imprisoned  not  exceeding  thirty  days. 

Rev.,  s.  2384  ;  1903,  c.  516,  s.  16. 

1941.  Unloading  at  factory  Sunday  or  at  night.  If  any  person  shall 
unload  any  oysters  from  any  boat,  vessel  or  car  at  any  factory  or  house 
for  shipping,  shucking  or  canning  oysters  on  Sunday,  or  after  sunset  or 
before  sunrise,  he  shall  be  guilty  of  a  misdemeanor  and  be  fined  not  more 
than  fifty  dollars  or  imprisoned  not  more  than  thirty  days:  Provided, 
whenever  any  boat  or  vessel  shall  have  partially  unloaded  or  discharged  its 
cargo  before  sunset,  the  remainder  of  said  load  or  cargo  may  be  discharged 
in  the  presence  of  an  inspector. 

Rev.,  s.  2394  ;  1903,  c.  516,  s.  16. 

1942.  Oyster-laden  boats  in  canals  regulated.  No  boat  or  vessel  loaded 
with  oysters  shall  be  permitted  by  the  inspectors  of  South  Mills  and  Coin¬ 
jock  to  pass  through  the  canals,  which  does  not  have  a  certificate  showing 
that  the  cargo  has  been  inspected  and  the  tax  paid  thereon. 

Rev.,  s.  2420  ;  1903,  c.  516,  s.  17. 

1943.  Sale  or  purchase  of  unculled  oysters.  If  any  person  shall  sell  or 
offer  for  sale,  transport  or  offer  to  transport  out  of  the  State,  or  from  one 
point  in  the  State  to  another,  or  have  in  his  pssession  any  oysters  which 
have  not  been  properly  culled  according  to  law,  he  shall  be  guilty  of  a  mis¬ 
demeanor  and  be  fined  not  exceeding  fifty  dollars  or  imprisoned  not  ex¬ 
ceeding  thirty  days.  It  is  unlawful  for  any  person,  firm  or  corporation  to 
purchase  oysters  which  have  not  been  properly  culled  according  to  law, 
and  for  each  violation  shall,  upon  conviction,  be  fined  two  hundred  dollars 

or  be  imprisoned  in  the  discretion  of  the  court. 

In  New  Hanover,  Onslow  and  Pender  counties  the  puchase  of  unculled 

oysters  is  not  forbidden. 

Rev.,  s.  2392  ;  1903,  c.  516,  s.  3  ;  1907,  c.  969,  ss.  5,  13. 

1944.  Boat  captain’s  purchase  of  unculled  oysters.  The  captain  of  any 
run  or  buy  boat  who  shall  purchase  oysters  which  hetve  not  been  properly 
culled  according  to  law  shall,  upon  conviction,  be  fined  two  hundred  dol¬ 
lars  or  imprisoned  in  the  discretion  of  the  court,  and  the  having  of  un¬ 
culled  oysters  aboard  of  his  boat  shall  be  prima  facie  evidence  of  his  ha\- 
ing  purchased  them.  When  any  person,  firm  or  coipoiation  shall  furnish 


28 


^orth  Carolina  Fishing  Laws 


the  captain  of  any  run  or  buy  boat  with  funds  with  which  to  purchase 
oysters,  they  shall  not  be  held  responsible  for  his  acts,  and  shall  not  be 
deemed  the  purchaser  of  such  oysters. 

This  section  is  inapplicable  to  New  Hanover,  Onslow  and  Pender 
counties. 

1907,  c.  969,  ss.  5,  13. 

1945.  Larceny  from  private  grounds.  Any  person  who  shall  feloni¬ 
ously  take,  catch  or  capture  or  carry  away  any  shellfish  from  the  bed  or 
ground  of  another  shall  be  guilty  of  larceny  and  punished  accordingly. 

Rev.,  s.  2401  ;  1887,  c.  119,  s.  15. 

As  to  venue  in  an  action  for  wrongful  conversion  of  oysters  taken  from  oyster  bed  of  plain¬ 
tiff,  see  Makely  v.  Boothe,  129-11. 

1946.  Injury  to  private  grounds;  work  at  night.  If  any  person  shall 
willfully  commit  any  trespass  or  injury  with  any  instrument  or  implement 
upon  any  ground  upon  which  shellfish  are  being  raised  or  cultivated,  or 
shall  remove  or  destroy  or  deface  any  mark  or  monument  lawfully  set  up 
for  the  purpose  of  marking  any  grounds,  or  who  shall  work  on  any  oyster 
ground  at  night,  he  shall  be  guilty  of  a  misdemeanor.  But  nothing  in  the 
provisions  of  this  section  shall  be  construed  as  authorizing  interference 
with  the  capture  of  migratory  fishes  or  free  navigation  or  the  right  to  use 
on  any  private  grounds  any  method  or  implement  for  the  taking,  growing 
or  cultivation  of  shellfish. 

Rev.,  s.  2402;  1887,  c.  119,  s.  11. 

Art.  6.  Shellfish;  Local  Laws 

1947.  New  Hanover,  Onslow  and  Pender:  Close  season  for  oysters. 
If  any  person  shall  buy  or  sell  oysters  in  the  shell  which  have  been  taken 
from  the  public  grounds  or  natural  oyster  beds  of  this  State  between  the 
first  day  of  April  and  the  first  day  of  October  in  any  year,  he  shall  be 
guilty  of  a  misdemeanor  and  be  fined  not  more  than  fifty  dollars  or  im¬ 
prisoned  not  more  than  thirty  days:  Provided,  that  oysters  may  be  taken 
with  liand-tongs  only  during  the  month  of  April  in  any  year,  to  be  used 
for  planting  on  private  grounds,  entered  and  held  under  the  laws  of  this 
State:  Provided  further,  that  oysters  may  be  taken  with  hand-tongs  only 
for  home  consumption:  Provided  further,  that  coon  oysters  may  be  taken 
from  October  first  to  May  first  of  each  year  in  the  waters  of  Onslow  and 
Carteret  counties:  Provided  also,  that  it  shall  be  lawful  to  take  or  catch 
oysters  on  public  oyster  grounds  north  of  the  line  running  from  Point 
Peter  to  Duck  Island,  except  between  a  line  running  from  the  east  end  of 
Hog  Island  to  the  beach,  and  from  Ballast  Point  to  the  beach  in  Dare 
County,  to  be  sold  to  residents  or  nonresidents,  from  April  first  to  May 
fifteenth  of  each  year,  upon  the  payment  by  the  purchaser  of  a  tax  of  one- 
and  one-lialf  cents  per  tub. 

This  section  applies  only  to  the  counties  of  New  Hanover,  Onslow  and 
Pender. 

Rev.,  s.  2383;  1903,  c.  516,  s.  22;  1905,  c.  525,  ss.  5,  8;  1907,  c.  936,  s.  4. 

See  s.  1920. 

Referred  to  in  State  v.  Sermons,  169-285. 

1948.  Brunswick,  New  Hanover  and  Pender:  Clams  protected.  It 

shall  be  unlawful  for  any  person,  firm  or  corporation  to  take  clams  in  the 
counties  of  Brunswick,  New  Hanover  or  Pender,  from  any  of  the  waters 
thereof,  for  the  purpose  of  bedding,  for  market,  or  for  shipment  from  the 
said  counties,  from  the  twenty-fifth  day  of  March  to  the  fifteenth  day  of 
December  of  each  year:  Provided,  however,  that  citizens  of  the  said  coun¬ 
ties  shall  have  the  privilege  at  all  times  of  the  year  to  catch  clams  for  sell- 


29 


^orth  Carolina  Fishing  Laws 


shannbenI1i?afwf1?iSfaid  C°UntieS>  in  Sma11  quantities>  table  use  only.  It 

the  counties  of  Nr  01  an>  peison>  firm  or  corporation  to  purchase  clams  in 
H  e  f  ,  Hanover  or  Pender  for  the  purpose  of  shipping  from 

untles>  or  for  any  person,  firm  or  corporation  to  ship  from  the 
said  counties  ot  Brunswick,  New  Hanover  or  Pender  any  clams  at  any  time 
Horn  the  twenty-fifth  day  of  March  to  the  fifteenth  day  of  December  of 
every  year  and  in  Brunswick  County  from  the  first  day  of  March  to  the 
first  day  ot  December  of  every  year.  Any  person,  firm  or  corporation  vio¬ 
lating  the  provisions  of  this  section  shall  be  guilty  of  a  misdemeanor  and, 
upon  conviction,  shall  be  fined  for  each  offense  not  exceeding  fifty  dollars 
or  imprisoned  not  more  than  thirty  days,  in  the  discretion  of  the  court. 

1909.  c.  879;  P.  L.  1913,  c.  805. 


1949.  Brunswick:  Clams;  size  limit.  It  shall  be  unlawful  for  any 
person  or  persons  to  catch  any  clams  for  use  or  for  sale  under  one  and  one- 
half  inches  in  diameter  in  the  waters  of  Brunswick  County;  and  upon  con¬ 
viction  shall  be  guilty  of  a  misdemeanor. 

P.  L.  1913,  c.  805. 


1950.  Brunswick :  Fire  on  oyster  beds;  raking.  In  Brunswick  County 
it  shall  be  unlawful  for  any  person  or  persons  to  build  a  fire  upon  any 
natural  oyster  bed  or  rock  at  a  place  where  oysters  are  in  a  state  of 
growth.  It  shall  be  unlawful  for  any  person  or  persons  to  rake  with  clam 
rake  any  oyster  bed  or  oyster  rock.  Any  person  violating  the  provisions 
of  this  section  shall  be  guilty  of  a  misdemeanor,  and  shall  be  fined  not 
exceeding  fifty  dollars,  or  imprisoned  not  exceeding  thirty  days. 

1915,  c.  138. 


1951.  Carteret:  Clams  in  Newport  River.  It  shall  be  unlawful  for  any 
person  or  perse  ns,  firm  or  corporation,  between  the  fifteenth  day  of  April 
and  the  fifteenth  day  of  October  of  any  year,  to  take  any  clams  from  the 
waters  of  Newport  River  anl  its  tributaries,  for  the  purpose  of  shipping, 
selling,  marketing  or  bedding  the  same.  Any  person  or  persons,  firm  or 
corporation  violating  the  provisions  of  this  section  shall  be  guilty  of  a 
misdemeanor  and,  upon  conviction,  shall  be  fined  not  less  than  ten  dollars 
for  each  offense,  or  imprisoned  not  exceeding  thirty  days,  or  both,  in  the 
discretion  of  the  court. 

1907,  c.  840. 

1952.  New  Hanover:  Catching  oysters  in  Myrtle  Grove  Sound.  If  any 
person  shall  take  or  catch  any  oysters  from  Myrtle  Grove  Sound,  from 
Perrine’s  or  Whitaker’s  creek  to  the  headwaters  of  said  sound  in  New  Han¬ 
over  County,  from  the  first  day  of  May  until  the  first  day  of  September, 
except  for  his  own  consumption,  he  shall  be  guilty  of  a  misdemeanor,  and 
fined  not  more  than  fifty  dollars  or  imprisoned  not  more  than  twenty  days. 

Rev.,  s.  2426  ;  Code,  s.  3423;  1883,  c.  358,  ss.  1,  2. 

1953.  New  Hanover:  Clams  in  Masonboro  Sound.  It  shall  be  unlawful 
for  any  person  or  persons  to  use  any  rake  or  other  instrument  with  more 
than  two  prongs  for  the  purpose  of  taking  clams  from  any  natural  oyster 
rock  or  the  other  waters  of  Masonboro’s  Sound,  in  the  county  of  New  Han¬ 
over.  between  what  is  known  as  Fowler’s  Landing  to  Cockle  Shell  Point, 
in  said  county,  a  distance  of  about  one  mile.  Any  person  violating  the 
provisions  of  this  section  shall  be  guilty  of  a  misdemeanoi  and,  upon  con¬ 
viction,  shall  be  fined  not  more  than  fifty- dollars  or  imprisoned  not  more 
than  thirty  days. 

1909,  c.  521. 


30 


Xorth  Carolina  Fishing  Laws 


1954.  Onslow:  Catching  oysters  and  clams  in  certain  waters.  It  shall 
be  unlawful  for  any  person  to  take  or  catch  any  oysters  or  clams  from  the 
natural  oyster  beds  heretofore  staked  off  and  defined  by  the  Shellfish  Com¬ 
missioners  of  Onslow  County,  or  from  any  ground  between  the  first  days  of 
April  and  October  of  each  year,  lying  north  of  the  following  lines,  to  wit: 
Beginning  at  triangulation  point  “Mount  Millow,”  on  the  western  shore 
of  New  River,  and  running  thence  eastwardly  to  triangulation  point 
“pond,”  the  eastern  shore  of  New  River.  It  shall  be  unlawful  for  any 
person  during  the  months  of  May,  June  and  July  of  each  year  to  take  or 
catch  oysters  or  clams  from  the  natural  oyster  beds  within  the  grounds 
lying  south  of  the  line  mentioned  above.  Any  person  violating  the  pro¬ 
visions  of  this  section  shall  be  guilty  of  a  misdemeanor  and,  upon  convic¬ 
tion  or  confession  in  open  court,  shall  be  fined  not  exceeding  fifty  dollars, 
or  imprisoned  not  exceeding  thirty  days.  It  shall  be  the  duty  of  the  Fish¬ 
eries  Commissioner  to  keep  the  lines  marking  the  natural  oyster  beds  in 
said  waters  properly  marked  and  staked  off. 

1907,  c.  949. 

1955.  Onslow:  Catching  oysters  in  Stump  Sound.  It  shall  be  unlawful 
for  any  person,  firm  or  corporation  to  catch,  take  or  carry  away  from  the 
oyster  beds  in  the  waters  of  Stump  Sound,  in  Onslow  County,  between 
Alligator  Bay  and  the  Pender  County  line,  any  oysters,  except  for  home 
consumption,  between  the  first  day  of  March  and  the  twenty-fifth  day  of 
October  in  any  year.  Any  person,  firm  or  corporation  violating  this  sec¬ 
tion  shall,  upon  conviction,  be  fined  not  less  than  fifty  dollars  or  impris¬ 
oned  not  less  than  thirty  days,  in  the  discretion  of  the  court. 

1915,  c.  130. 

1956.  Onslow:  Clams  in  Brown  Sound  and  Queen’s  Creek.  It  shall  be 
unlawful  for  any  person,  firm  or  corporation  to  catch  or  take  any  clams 
from  the  waters  herein  described  between  the  first  day  of  April  and  the 
first  day  of  October.  Said  territory  shall  be  as  follows:  Beginning  at  the 
mouth  of  Queen’s  Creek,  in  Onslow  County,  and  running  the  various 
courses  of  the  said  Queen’s  Creek  channel  to  Bogue  Inlet,  including  all  the 
waters  south  of  said  channel  to  the  Horse  Ford,  between  Brown  Sound  and 
New  River:  Provided,  this  shall  not  be  so  construed  as  to  prohibit  anyone 
from  catching  clams  for  their  own  table  use  only.  Any  person,  firm  or 
corporation  violating  any  of  the  provisions  of  this  section  shall  be  guilty 
of  a  misdemeanor  and,  upon  conviction,  shall  be  fined  not  more  than  fifty 
dollars  or  imprisoned  not  more  than  thirty  days. 

1909,  c.  514. 


Art.  7.  Terrapin 

1957.  Drag-nets  prohibited  to  nonresidents.  If  any  person  who  is  not 
a  citizen  and  who  has  not  resided  in  the  State  continuously  for  the  pre¬ 
ceding  two  years  shall  use  any  drag-net  or  other  instrument  for  catching 
terrapin,  he  shall  be  guilty  of  a  misdemeanor. 

Rev.,  s.  2369  ;  Code,  ss.  3375,  3376. 

Nonresident  using  drag-nets  or  other  instrument  not  guilty  if  in  the  bona  fide  employ  of 
one  who  has  the  right  to  take  terrapin  that  way:  State  v.  Conner,  107-932. 

1958.  Diamond-back  terrapin  protected.  If  any  person  shall  take  or 
catch  any  diamond-back  terrapin  between  the  fifteenth  day  of  April  and 
the  fifteenth  day  of  August  of  any  year,  or  any  diamond-back  terrapin  at 
any  time  of  less  size  than  five  inches  in  length  upon  the  bottom  shell,  or 
shall  interfere  with  or  in  any  manner  destroy  any  eggs  of  the  diamond-back 
terrapin,  he  shall  be  guilty  of  a  misdemeanor,  and  shall  be  fined  not  less 
than  five  dollars  nor  more  than  ten  dollars  for  each  and  every  diamond- 


orth  Carolina  Fishing  Laws 


31 

back  terrapin  so  taken  or  caught,  and  a  like  sum  for  each  and  every  egg 
interfered  with  or  destroyed:  Provided,  this  section  shall  not  apply  to 
parties  empowered  by  the  State  to  propagate  the  said  diamond-back 
terrapin;  and  the  possession  of  any  diamond-back  terrapin  between  the 
fifteenth  days  of  April  and  August  shall  be  prima  facie  evidence  that  the 
person  having  the  same  has  violated  this  section.  It  shall  be  the  duty  of 
all  sheriffs  and  constables  to  give  immediate  information  to  some  justice 
of  the  peace  of  any  violation  of  this  section. 

Rev.,  s.  2370;  Code,  s.  3377;  1899,  c.  582;  1881,  c.  115,  ss.  1,  6. 

1959.  Local — Carteret:  Diamond-back  terrapin.  Any  bona  fide  citizen 
of  Carteret  County  is  empowered  to  cultivate  and  propagate  the  diamond- 
back  terrapin  at  one  place  in  the  waters  of  Carteret  County:  Provided, 
that  he  shall  not  interfere  with  the  eggs  laid  by  the  wild  diamond-back 
terrapin  in  its  natural  haunts,  and  that  no  undersized  terrapin  shall  be 
taken  for  any  purpose  during  the  closed  season  prescribed  by  law  in  regard 
to  catching  terrapin. 

The  grantee  of  the  privilege  conferred  by  this  section  shall  cultivate 
and  propagate  the  diamond-back  terrapin  in  a  manner  approved  by  the 
United  States  Bureau  of  Fisheries.  If  at  any  time  the  said  grantee  vio¬ 
lates  any  of  the  laws  of  North  Carolina  regarding  diamond-back  terrapin, 
the  privilege  hereby  conferred  shall  cease  and  he  shall  be  guilty  of  a  mis¬ 
demeanor  and,  upon  conviction,  shall  be  fined  or  imprisoned  in  the  discre¬ 
tion  of  the  court. 

Pr.  1913,  c.  402  ;  P.  L.  Ex.  Sess.  1913,  c.  58. 


SUBCHAPTER  III.  FISH  OTHER  THAN  SHELLFISH 
Art.  8.  Salt  Fish  and  Fish  Scrap 

1900.  Inspectors  for  salt  fish;  duties;  fees.  The  board  of  county  com¬ 
missioners  of  every  county  where  fish  are  packed  for  sale  or  shipment  shall 
appoint  and  qualify  one  or  more  sworn  inspectors  of  fish  at  or  near  all 
packing  localities,  whose  duty  it  shall  be  to  inspect  all  salt  fish  packed  for 
sale  or  shipment;  and  all  barrels,  half-barrels  and  packages  of  fish  in¬ 
spected  and  approved  by  them  shall  be  branded  with  the  word  “inspected” 
and  the  name  of  the  inspector.  Said  board  shall  regulate  and  prescribe 
the  duties,  powers  and  fees  of  said  inspector,  which  fees  shall  not  exceed 
five  cents  per  barrel  of  two  hundred  pounds  net  and  two  and  one-lialf  cents 
per  half-barrel  of  one  hundred  pounds  net  and  smaller  packages,  to  be 
paid  by  the  shipper.  This  section  shall  not  apply  to  fishermen  who  may 
sell  their  fish  to  packers  and  shippers  by  weight  or  otherwise,  as  they  may 
agree:  Provided,  that  in  any  county  where  the  board  of  county  commis¬ 
sioners  have  not  already  appointed  an  inspector  as  is  provided  in  this  sec¬ 
tion,  upon  a  petition  of  two  or  more  persons  it  shall  be  mandatory  upon 
the  said  board  of  county  commissioners  to  immediately  appoint  an  in¬ 
spector  in  accordance  with  the  provisions  abo\e.  Lpon  failuie  to  do  so  foi 
five  days  after  said  petition  has  been  filed,  said  boaid  shall  be  guilty  of  a 
misdemeanor  and,  upon  conviction,  shall  be  fined  not  less  than  fi\e  nor 
more  than  fifty  dollars  for  each  member  or  be  imprisoned  not  more  than 
thirty  days:  Provided,  said  petition  be  filed  with  the  cleik  of  the  boaid  of 
commissioners  five  days  before  regular  meeting  of  said  boaid. 

1909,  c.  663,  s.  1  ;  1911,  c.  171. 

1961  Salt  fish  sold  by  weight;  marked  on  package.  All  salt  fish 
packed* for  market  shall  be  sold  at  their  net  weight,  which  shall  be 
marked  on  every  package;  and  any  person  packing  or  offering  for  sale  salt 


32 


Xorth  Carolina  Fishing  Laws 


fish,  fraudulently  marking  the  net  weight  on  the  package,  shall  for  each 
offense  be  guilty  of  a  misdemeanor  and  fined  not  more  than  fifty  dollars  or 
imprisoned  not  more  than  thirty  days,  or  both,  at  the  discretion  of  the 
court. 

1909,  c.  663,  s.  2. 

1962.  Salt  mullet;  special  marking.  Each  package  of  salt  mullets 
packed  and  offered  for  sale  shall  be  marked  or  stamped  “large,”  “medium” 
or  “small,”  and  all  packages  containing  any  other  kind  of  fish  shall  be 
marked  plainly  the  name  of  the  fish  contained,  and  any  person  who  shall 
pack  as  principal  or  shall  have  the  same  done  by  others  for  him  shall  be 
deemed  the  packer  and  shall  stamp  his  name  and  place  of  packing,  to¬ 
gether  with  net  weight  and  size  of  fish,  as  prescribed  in  this  section,  on  the 
head  of  each  package  before  offering  for  sale  or  shipment,  and  on  failure 
to  pack  and  stamp  as  herein  prescribed,  or  to  pack  or  stamp  said  package 
falsely,  so  as  to  misrepresent  the  weight  or  size  of  the  fish  in  said  package, 
shall  be  guilty  of  a  misdemeanor  and  fined  not  less  than  five  nor  more  than 
fifty  dollars  for  each  offense,  and  may  be  imprisoned  at  the  discretion  of 
the  court,  not  to  exceed  thirty  days:  Provided,  this  section  shall  not  apply 
to  packages  containing  less  than  fifty  pounds  net  fish:  Provided  further, 
this  section  shall  not  apply  to  fishermen  themselves,  but  shall  apply  only 
to  merchants  and  others  who  may  be  classed  as  packers  or  brokers,  within 
the  proper  meaning  of  the  term. 

1909,  c.  663,  s.  3. 

1963.  Measures  for  fish  scrap  and  oil.  For  the  purpose  of  uniformity 
in  the  trade  of  manufacturing  fish  scrap  and  oil  in  the  State  of  North  Caro¬ 
lina,  there  is  hereby  established  a  standard  measure  of  twenty-two  thou¬ 
sand  cubic  inches  for  every  one  thousand  fish.  Any  person,  firm,  corpora¬ 
tion  or  syndicate  buying  or  selling  menhaden  fish  for  the  purpose  of  manu¬ 
facturing  within  the  borders  of  this  State,  who  shall  measure  the  fish  by 
any  other  standard  (more  or  less)  than  is  prescribed  in  this  section,  shall 
be  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  fined  not  more 
than  fifty  dollars  or  imprisoned  not  to  exceed  thirty  days.  Each  day  said 
measure  is  unlawfully  used  shall  constitute  a  separate  and  distinct  offense. 

1911,  c.  101. 


Art.  9.  Commercial  Fishing;  General  Regulations 

1964.  Right  of  fishing  in  grantee  of  land  under  water.  Whenever  any 
person  acquires  title  to  lands  covered  by  navigable  water  under  the  sub¬ 
chapter  Entries  and  Grants  of  the  chapter  entitled  State  Lands,  the  owner 
or  person  so  acquiring  title  has  the  right  to  establish  fisheries  upon  said 
lands;  and  whenever  the  owner  of  such  lands  improves  the  same  by  clear¬ 
ing  off  and  cutting  therefrom  logs,  roots,  stumps  or  other  obstructions,  so 
that  the  said  land  may  be  used  for  the  purpose  of  drawing  or  hauling  nets 
or  seines  thereon  for  the  purpose  of  taking  or  catching  fish,  the  person  who 
makes  or  causes  to  be  made  the  said  improvements,  his  heirs  and  assigns, 
shall  have  prior  right  to  the  use  of  the  land  so  improved,  in  drawing,  haul¬ 
ing,  drifting  or  setting  nets  or  seines  thereon,  and  it  shall  be  unlawful  for 
any  person,  without  the  consent  of  such  owner,  to  draw  or  haul  nets  or 
seines  upon  the  land  so  improved  by  the  owner  thereof  for  the  purpose  of 
drawing  or  hauling  nets  or  seines  thereon.  This  section  shall  apply  where 
the  owner  of  such  lands  shall  erect  platforms  or  structures  of  any  kind 
thereon  to  be  used  in  fishing  with  nets  and  seines.  Every  person  who  shall 
wilfully  destroy  or  injure  the  said  platforms  or  structures,  or  shall  inter¬ 
fere  with  or  molest  the  owner  in  the  use  of  such  lands  as  aforesaid,  or  in 


Forth  Carolina  Fishing  Laws 


33 


any  other  manner  shall  violate  this  section,  shall  be  guilty  of  a  misde¬ 
meanor.  This  section  shall  not  relieve  any  person  from  punishment  for 
the  obstruction  of  navigation. 

Rev.,  s.  2460;  Code,  s.  3384;  1874-5,  c.  183,  ss.  1-6. 

The  right  of  fishery  rests  in  the  State,  and  is  subject  to  absolute  control  by  the  General 
Assembly:  State  v.  Sermons,  169-285;  Daniels  v.  Homer,  139-219;  Brooks  v.  Tripp,  135-159; 
State  v.  Gallop,  126-979  ;  State  v.  Woodward,  123-710  ;  State  v.  Conner,  107-932  ;  Rea  v.  Hamp¬ 
ton,  101-51.  For  additional  annotations  as  to  entries  on  land  covered  with  water,  see  section 
751,3. 

There  is  no  individual  or  property  right  of  fishery  in  navigable  waters:  Bell  v.  Smith,  171- 
116  ;  Daniels  v.  Homer,  139-219 — unless  acquired  in  some  way  from  the  State,  Collins  v.  Ben- 
bury,  27-118.  The  right  of  fishing  in  navigable  waters  is  subordinate  to  the  right  of  naviga¬ 
tion:  Lewis  v.  Keeling,  46-299;  Daniels  v.  Homer,  139-219. 

Persons  owning  land  cm  navigable  streams  may  erect  wharves  next  to  their  land  up  to  deep 
-water,  may  make  entry  and  obtain  title  as  in  other  cases,  but  they  cannot  obstruct  navigation 
•and  they  are  confined  to  straight  lines  from  their  water  fronts:  Bond  v.  Wool,  107-139.  The 
right  to  wharves  on  water  fronts  is  subject  to  legislative  control  and  to  the  regulation  of 
adjoining  incorporated  towns:  Ibid. 

What  is  a  navigable  stream  is  a  question  for  the  jury:  State  v.  Twiford,  136-603.  The 
test  is  the  capability  of  use  in  the  ordinary  way,  and  not  the  extent  of  use:  Ibid,  State  v. 
Baum,  128-600  ;  State  v.  Club,  100-477.  The  effect  of  the  ebb  and  flow  of  the  tide  as  affecting 
the  right  to  fishery:  Ingram  v.  Threadgill,  14-59. 


19G5.  Seines  prohibited  to  nonresidents;  exceptions.  If  any  person 
who  has  not  resided  in  the  State  continuously  for  at  least  twelve  months 
next  preceding  the  day  on  which  he  shall  begin  to  take  fish  shall  use,  or 
cause  to  be  used,  in  any  of  the  waters  of  the  State,  any  weir,  hedge,  net  or 
seine,  for  the  purpose  of  taking  fish  for  sale  or  exportation,  or  if  any  per¬ 
son  shall  assist  in  using,  or  be  interested  in  using  or  causing  to  be  used,  in 
any  such  waters  for  the  purpose  aforesaid,  any  weir,  hedge,  net,  seine  or 
tongs  in  the  use  of  which  any  such  nonresident  person  may  have  an  inter¬ 
est,  he  shall  be  guilty  of  a  misdemeanor.  Nothing  herein  shall  prevent 
any  person  from  fishing  with  seines  hauled  to  the  shore  at  any  fishery,  the 
title  to  which  fishery  or  any  interest  therein  having  been  acquired  by  such 
person  by  purchase  or  inheritance.  This  section  shall  not  extend  to 
servants  employed  to  fish  by  any  persons  allowed  to  fish  in  the  navigable 
waters  of  the  State.  No  nonresident  of  the  State  shall  make  any  sale, 
assignment  or  transfer  of  any  fishery,  weir,  or  other  fishing  apparatus,  or 
privilege  mentioned  in  this  section,  to  any  citizen  of  the  State  for  the 
purpose  of  operating  and  working  said  fishery,  weir,  or  other  fishing  appa¬ 
ratus  as  aforesaid,  under  the  name  and  ownership  of  such  citizen,  or  as 
the  servant  or  employe  of  any  citizen;  and  any  sale,  transfei  oi  assignment 
not  made  bona  fide  and  for  a  full  consideration  shall  be  null  and  void. 

Upon  affidavit  founded  upon  information  and  belief  that  any  nonresi¬ 
dent  of  the  State  is  operating  any  such  fishery,  weir,  or  other  fishing 
apparatus  as  aforesaid  in  the  waters  of  the  State,  under  such  sale,  assign¬ 
ment  or  transfer,  as  the  pretended  servant  or  employe  of  any  citizen  of  the 
State  it  shall  be  the  duty  of  the  justice  of  the  peace  before  whom  said  affi 
davit’ is  made  to  issue  a  warrant  against  the  said  nonresident  and  citizen 
under  whose  name  said  fishery  is  operated,  and  upon  conviction  the  said 
offenders  shall  be  guilty  of  a  misdemeanor,  and  shall,  for  every  offense,  be 
fined  not  more  than  fifty  dollars,  or  imprisoned  not  more  than  thirty  days. 
TTnnn  the  said  trial,  the  burden  of  proof  shall  be  on  the  defendants  to 
rvmve  the  bona  fides  and  full  consideration  of  said  sale  or  transfer. 

Rev.,  s.  2467;  Code,  ss.  3379,  3380  ;  R.  C.,  c.  81,  s.  5;  1844,  c.  40,  s.  1;  1876-7,  c.  33;  1883, 

c-  17 1-  .  .  rlrnf,  or  other  instrument  not  guilty  if  in  the  bona  fide  employ  of 

that  W  State  v.  Conner.  107-932. 

196fi.  Menhaden  fishing  forbidden  to  nonresidents  It  is  unlawful  for 

anv  person,  firm  or  corporation,  not  a  citizen  or  lesident  of  the  State  o 

£nrth  Carolina  to  catcli,  capture,  or  otherwise  take  any  menhaden  or  fat- 
North  carol  o£  the  state  of  North  Carolina  to  the  extreme 

limits  rrS^"mction  in  and  over  said  waters;  and  for  the  pur- 
3 


34 


Xorth  Carolina  Fishing  Laws 


poses  of  this  act  the  following  boundaries  are  hereby  declared  to  be  the 
boundaries  to  which  the  waters  of  the  said  State  extend,  to  wit:  a  distance 
of  three  nautical  miles,  measured  from  the  outer  beach  or  shores  of  the 
State  of  North  Carolina  out  and  into  the  waters  of  the  Atlantic  Ocean;  and 
any  portions  or  portion  of  any  water  within  a  distance  of  three  nautical 
miles  from  said  waters  of  the  Atlantic  Ocean  to  any  beach  or  shore  of  said 
State  shall  be  deemed,  for  the  purposes  of  this  act,  within  the  waters  of 
said  State:  Provided,  that  any  citizen  or  resident  of  the  State  of  North 
Carolina,  whether  person,  firm,  or  corporation,  may  take,  capture  or  catch 
any  menhaden  or  fatbacks  at  any  time,  subject  to  existing  laws. 

It  is  unlawful  for  any  nonresident  person,  persons,  firm  or  corporation 
knowingly  to  buy,  cook  or  manufacture  into  fertilizer  any  menhaden  or 
fatbacks  caught,  taken  or  captured  contrary  to  the  provisions  of  the  above. 

Any  person,  persons,  firm  or  corporation  violating  any  of  the  provisions 
of  this  section  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  in 
any  county  opposite  the  place  at  which  said  act  is  done,  shall  be  fined  not 
less  than  twenty-five  hundred  dollars  or  imprisoned  for  two  years,  or  both, 
in  the  discretion  of  the  court:  Provided,  that  each  catch,  or  taking,  or  pur¬ 
chase,  or  act  of  manufacture,  shall  constitute  a  distinct  and  separate 
offense. 

It  is  the  duty  of  the  Fisheries  Commissioner  or  assistant  commissioner, 
whenever  an  affidavit  is  delivered  to  him  stating  that  the  affiant  is  in¬ 
formed  and  believes  that  said  act  is  being  violated  at  an  particular  place, 
to  go  himself  or  send  a  duly  authorized  deputy  to  such  place,  investigate 
the  same,  and  such  officer  shall  seize  and  remove  all  nets,  machinery,  or 
other  appliances  and  paraphernalia  setting  or  being  used  in  violation  of 
this  section,  sell  same  at  public  auction  and  apply  the  proceeds  of  such 
sale  to  the  payment  of  costs  and  expenses  of  such  removal,  and  pay  any 
balance  remaining  into  the  school  fund  of  the  county  nearest  to  the  place 
where  the  offense  is  committed. 

1911,  c.  102  ;  1923. 

1967.  Menhaden  fishing  with  nets  regulated.  If  any  person  shall  catch 
any  menhaden  or  fatbacks  within  the  waters  of  the  State  of  North  Caro¬ 
lina,  to  the  extreme  limits  of  the  State’s  jurisdiction  as  defined  in  the  pre¬ 
ceding  section,  in  any  purse  net  or  purse  seine  with  a  bar  of  less  than  one 
inch  and  with  a  mesh  of  less  than  two  inches,  or  shall  knowingly  cook  or 
manufacture  for  fertilizer  any  menhaden  or  fatbacks  caught  in  any  net  or 
seine  having  bars  of  less  than  one  inch  or  having  meshes  of  less  than  two 
inches,  at  any  place  within  the  State  of  North  Carolina,  he  shall  be  guilty 
of  a  misdemeanor,  and  for  each  and  every  offense  shall  be  fined  not  less, 
than  five  hundred  dollars  or  imprisoned  for  one  year,  or  both,  in  the  dis¬ 
cretion  of  the  court.  Ever  person  found  fishing  for  menhaden  or  fatbacks 
within  three  miles  of  the  shore  of  any  county  shall  be  presumed  to  have 
violated  this  section.  And  all  such  persons,  firms  or  corporations  shall  be 
subject  to  all  the  pains  and  penalties  denounced  in  this  section,  and  they 
may  be  prosecuted  in  the  courts  of  any  county  in  this  State.  All  persons- 
aiding  and  abetting  shall  be  guilty  as  principals. 

This  section  is  inapplicable  to  the  counties  of  Dare,  Brunswick,  Pender 
and  New  Hanover. 

Rev.,  s.  2438  ;  1905,  cc.  274,  508. 

1968.  Poisoning  streams.  If  any  person  shall  put  any  poisonous  sub¬ 
stance,  for  the  pui pose  of  catching,  killing  or  driving  off  any  fish,  in  any 
of  the  waters  of  a  creek  or  river,  he  shall  be  guilty  of  a  misdemeanor. 

Rev.,  s.  3417  ;  Code,  s.  1094  ;  1883,  c.  290. 


-N" orth  Carolina  Fishing  Laws  35 

# 

10(59.  Fish  offal  in  navigable  waters.  If  any  person  shall  throw,  or 
cause  to  be  thrown,  into  the  channel  of  any  of  the  navigable  waters  of  the 
State,  any  fish  offal,  in  any  quantity  that  shall  be  likely  to  hinder  or  pre¬ 
vent  the  passage  of  fish  along  such  channel,  or  if  any  person  shall  throw 
or  cause  to  be  thrown  into  the  waters  known  as  the  Frying  Pan,  tributary 
to  the  Great  Alligator  River,  in  Tyrrell  County,  any  fish  offal  in  any  quanti¬ 
ties  whatsoever,  he  shall  be  guilty  of  a  misdemeanor. 

Rev.,  s.  2444  ;  Code,  ss.  3386,  3389,  3407. 

Navigable  water's  defined  in  annotations  under  section  196Jt. 

1970.  Sunday  fishing.  If  any  person  fish  on  Sunday  with  a  seine, 
drag-net,  or  other  kind  of  net,  except  such  as  is  fastened  to  stakes,  he  shall 
be  guilty  of  a  misdemeanor,  and  fined  not  less  than  two  hundred  nor  more 
than  five  hundred  dollars,  or  imprisoned  not  more  than  twelve  months. 

Rev.,  s.  3841  ;  Code,  s.  1116  ;  1883,  c.  338. 

This  section  does  not  apply  to  Onslow  County  so  far  as  established  seines  are  concerned. 
1885,  c.  171  ;  1889,  c.  23. 

1971.  Robbing  nets.  If  any  person  shall,  without  authority  of  the 
owner,  take  any  fish  from  any  nets  of  any  kind,  he  shall  be  guilty  of  a 
misdemeanor. 

Rev.,  s.  2478;  Code,  s.  3418;  18S3,  c.  137,  s.  5. 

Fish  in  the  public  waters  of  the  State  do  not  become  private  property  until  reduced  to  pos¬ 
session:  State  v.  Gallop,  126-979. 

1972.  Vessel  injuring  nets.  If  any  master  or  other  person  having  the 
management  or  control  of  a  vessel  or  boat  of  any  kind,  in  the  navigable 
waters  of  the  State,  shall  willfully,  wantonly  and  unnecessarily  do  injury 
to  any  seine  or  net  which  may  be  lawfully  hauled,  set  or  fixed  in  said 
waters  for  the  purpose  of  taking  fish,  he  shall  forfeit  and  pay  to  the  owner 
of  such  seine  or  net,  or  other  person  injured  by  such  act,  one  hundred 
dollars,  and  shall  be  guilty  of  a  misdemeanor. 

Rev.,  s.  2465  ;  Code,  ss.  3385,  3389. 

Fishing  without  permission,  see  Game  Laws,  s.  2127. 

A  company  injuring  fishing  nets  in  a  navigable  stream  by  unnecessari'.y  and  wantonly  run¬ 
ning  its  boats  into  same  is  liable  for  damages :  Hopkins  v.  R.  R.,  131-463. 

1973.  Injury  to  fishing  structures.  If  any  person  shall  willfully  de¬ 
stroy  or  injure  any  platform  or  structure  on  any  land  covered  by  naviga¬ 
ble  waters,  which  land  has  been  duly  entered  and  granted  and  over  which 
the  owner  has,  according  to  law,  acquired  a  prior  right  of  fishery,  or  shall 
interfere  with  or  molest  the  owner  in  the  use  thereof  or  of  said  prior  right 
of  fishery,  he  shall  be  guilty  of  a  misdemeanor.  If  any  person  shall  will¬ 
fully  destroy  or  injure  any  platform  or  structure  erected  in  any  navigable 
water  by  the  owner  of  the  adjoining  land  for  the  purpose  of  drawing  or 
hauling  nets  or  seines  thereon,  or  shall  interfere  with  or  molest  the  owner 
in  the  use  of  any  such  lands,  he  shall  be  guilty  of  a  misdemeanor. 

Rev.,  ss.  3414,  3415  ;  Code,  s.  2753  ;  1874-5,  c.  183,  ss.  2-4. 

1974.  Obstructing  passage  of  fish  in  streams.  If  any  person  shall  set 
a  net  of  any  description  across  the  main  channel  of  any  river  or  creek,  or 
shall  erect,  so  as  to  extend  more  than  three-fourths  of  the  distance  across 
any  such  river  or  creek  any  stand,  dam,  weir,  hedge  or  other  obstruction  to 
the  passage  of  fish,  or  shall  erect  any  stand,  dam,  weir  or  hedge  in  any 
part  of  any  river  or  creek  that  may  be  left  open  for  the  passage  of  fish,  or 
who,  having  erected  any  dam  where  the  same  was  allowed,  and  shall  not 
make  and  keep  open  such  slope  or  fishway  as  may  be  required  by  law  to  be 
kept  open  for  the  free  passage  of  fish,  he  shall  be  guilty  of  a  misdemeanor: 


36 


North  Carolina  Fishing  Laws 

Provided,  that  this  section  shall  not  apply  to  the  creeks  in  the  sound  be¬ 
tween  Bogue  Inlet  and  Brown  inlet,  in  Onslow  County,  except  the  main 
channel  thereof. 

Rev.,  s.  2457  Code,  ss.  3387,  3388,  3389  ;  1909,  c.  466,  s.  1. 

As  to  obstruct™ g  passage  of  fish  in  water-courses,  see  State  v.  Glenn,  52-321  ;  McLaughlin 
v.  Mfg.  Co.,  103-100. 

General  Assembly  has  complete  authority  to  make  provision  for  removal  of  any  obstruction 
and  nuisance  to  fishing  in  the  waters  of  this  State:  Rea  v.  Hampton,  101-51. 

Obstructions  may  be  removed  by  private  party  under  certain  >  circumstances :  Daniels  v. 
Homer,  139-219  ;  Hetrick  v.  Page,  82-65  ;  Rea  v.  Hampton,  101-51. 

1975.  Danis  for  mills  and  factories  regulated;  sluiceways.  No  person 
shall  place  or  allow  to  remain  any  dam  for  mill  or  factory  purposes  in  the 
Chowan  River  between  Holliday’s  Island  and  the  Virginia  line;  in  the 
Meherrin  River  between  its  mouth  and  the  Virginia  line;  in  the  Roanoke 
River  from  the  mouth  of  the  Casliie  River  to  the  Virginia  line;  in  the  Dan 
River  from  the  crossing  of  the  State  line  to  a  point  nearest  Danbury;  in 
the  Neuse  River  from  New  Bern  to  Neuse  station  in  Wake  County;  in  Con- 
tentnea  Creek  from  its  junction  with  the  Neuse  to  the  junction  of  Turkey 
and  Moccasin  creeks;  in  the  Cape  Fear  River  from  Wilmington  to  the  junc¬ 
tion  of  Haw  and  Deep  rivers,  and  thence  in  Haw  River  to  the  line  of  Chat¬ 
ham  and  Alamance  counties,  and  also  in  Deep  River  to  the, Randolph  and 
Chatham  line;  in  Rocky  River  from  its  mouth  to  the  crossing  of  the  Pitts- 
boro  and  Asliboro  road;  in  the  New  Hope  River  from  its  mouth  to  the 
Orange  County  line;  in  Northeast  Cape  Fear  River  from  Wilmington  to 
South  Washington;  in  Black  River  from  its  mouth  to  the  junction  of  the 
Coharie;  in  the  South  River  from  its  junction  with  the  Black  River  to  the 
crossing  of  the  Fayetteville  and  Warsaw  public  road;  in  Lumber  River 
from  the  State  line  to  the  northern  boundary  of  Robeson  County;  in  the 
Yadkin  River  from  the  State  line  to  Patterson’s  factory;  in  Elk  Creek,  a 
tributary  of  the  Yadkin  River,  from  its  mouth  to  Daniel  Wheeler’s  in 
Watauga  County;  in  Stony  Fork  Creek,  a  tributary  of  the  Yadkin  River, 
from  its  mouth  to  John  Jones’s  old  store;  in  Ararat  River  from  its  mouth 
to  the  bridge  at  Mount  Airy;  in  North  Fork  of  Catawba  from  its  mouth  to 
Turkey  Cove;  in  Broad  River  from  the  State  line  to  Reedy  Patch  Creek; 
in  Green  River  from  its  mouth  to  its  junction  with  North  Pacolet;  in  the 
Tennessee  River  from  the  State  line  to  its  junction  with  the  Nantaliala; 
in  Pigeon  River  from  the  State  line  to  the  Forks  of  Pigeon;  in  the  French 
Broad  River  from  the  State  line  to  Brevard  and  in  the  Swannanoa  River; 
in  Toe  River  from  the  State  line  to  the  confluence  of  the  North  and  South 
Forks  of  Toe;  in  New  River  from  the  State  line  to  the  point  of  divergence 
from  the  western  boundary  line  of  Alleghany  County;  in  Little  River  in 
Johnston  County  from  its  junction  with  Neuse  River  in  Wayne  County  to 
the  Wake  County  line;  in  Cane  River  from  the  mouth  of  same  to  mouth  of 
Bolling  Creek  in  Yancey  County,  also  Old  Fields  of  Toe  on  North  Toe  River 
in  Mitchell  County;  Johns  River  from  its  mouth  to  the  forks  of  said  river 
near  Carrell  Moore’s  in  Caldwell  County;  Catawba  River  from  the  South 
Carolina  line  to  the  town  of  Old  Fort  in  McDowell  County,  unless  the 
owner  thereof  shall  construct  thereon  at  his  own  expense  a  sluiceway  for 
the  free  passage  of  fish  of  a  width  not  less  than  three  feet  nor  more  than 
ten  feet:  Provided,  such  sluiceway  shall  be  constructed  according  to  plans 
and  specifications  to  be  furnished  by  the  Board  of  Agriculture,  and  shall 
not  injure  the  water-power  of  such  owner:  Provided  further,  in  order  to 
ascertain  whether  sluiceways  will  or  will  not  injure  the  water-power  afore¬ 
said,  the  owner  of  such  dam  may  select  two  disinterested  persons  and  the 
Board  of  Agriculture  two  others,  who  may  select  the  fifth  person  to  aid 
in  the  arbitration  and  settlement  of  such  complaint:  Provided  further, 
this  section  shall  not  apply  to  Pigeon  River  in  Haywood  County:  Provided 


•N" orth  Carolina  Fishing  Laws  37 

also,  it  shall  be  lawful  for  any  person  to  remove  any  obstruction  in  the 
main  channel  of  the  Cape  Fear  River  to  the  width  of  one  hundred  feet,  for 
the  free  passage  of  fish  in  the  county  of  Harnett.  This  proviso,  however, 
shall  not  apply  to  any  dam  or  obstruction  placed  or  kept  upon  said  river 
by  the  Cape  Fear  Iron  and  Steel  Company. 

Rev.,  s.  2462;  Code,  s.  3410;  1901,  c.  208;  1880,  c.  34;  1881,  cc.  21,  32,  250,  320;  1905, 
c.  278  ;  P.  L.  1913,  c.  758. 

Section  merely  referred  to,  in  the  case  of  the  obstruction  in  French  Broad  River,  in  Gwalt- 
ney  v.  Land  Co.,  111-566. 

197(>.  Sluiceways  and  fish  passages;  regulation  and  enforcement.  The 

sluiceways  referred  to  in  the  preceding  section  shall  be  so  constructed  and 
placed  upon  such  dams  by  the  owner  thereof  within  sixty  days  after  notice 
has  been  given  by  the  Board  of  Agriculture,  under  a  penalty  of  one  hun¬ 
dred  dollars  per  day  for  each  day  thereafter  that  such  dam  shall  remain 
without  such  sluiceway,  and  shall  be  kept  open  by  him  during  the  months 
of  February,  March,  April,  May,  June,  October  and  November,  and  at  all 
other  times  when  there  is  sufficient  water  to  supply  both  the  water-power 
and  the  sluiceway,  a  fine  of  fifty  dollars  per  day  for  each  day  said  sluice¬ 
way  shall  be  allowed  to  remain  closed,  and  any  person  who  shall  fish  with 
net,  trap,  hook  and  line,  or  who  shall  take  in  any  way  whatsoever  any  fish 
within  two  hundred  feet  of  said  sluiceway,  shall  be  subject  to  a  fine  of  one 
dollar  for  each  fish  so  taken,  or  a  fine  of  fifty  dollars  for  each  offense,  or 
imprisonment  for  thirty  days. 

No  other  obstruction  to  the  passage  of  fish  shall  exist  or  be  built  be¬ 
tween  the  designated  points  in  the  streams  mentioned  in  this  and  the  pre¬ 
ceding  section  unless  an  opening  of  not  less  than  twenty-five  feet,  and  not 
more  than  seventy-five  feet,  embracing  the  main  channel  of  said  streams, 
shall  be  made  by  the  owner  of  such  obstructions  within  twenty  days  after 
notice  from  the  Board  of  Agriculture  to  make  such  opening  under  penalty 
of  fifty  dollars  per  day  for  each  day  such  obstruction  shall  remain  un¬ 
opened.  Said  notice  shall  be  served  by  the  sheriff  of  the  county,  and  his 
return  shall  be  prima  facie  evidence  of  notice  in  any  suit  for  such  penalty. 

Rev.,  ss.  2463,  2464;  Code,  ss.  3411,  3412;  1880,  c.  34,  ss.  2,  3. 

See  further  as  to  obstructing  streams  and  fish  passages,  Rivers  and  Creeks,  ss.  7367,  7377. 

General  Assembly  has  complete  authority  to  make  provision  for  the  removal  of  any 
obstruction  and  nuisance  to  fishing  in  the  waters  of 'this  State:  Rea  v.  Hampton,  101-51. 

Art.  10.  Commercial  Fishing;  Local  Regulations 
Part  1.  Sounds  and  Inlets 

1977.  Inlets;  nets  in,  regulated.  If  any  person  shall  set  any  pound 
net,  dutch  net  or  hedge  net  within  two  miles  of  Oregon  Inlet  or  Hatteras 
Inlet,  or  within  ten  miles  of  New  Inlet  in  Dare  County,  or  shall  between 
the  first  day  of  January  and  the  first  day  of  May  following  of  any  year,  set 
or  operate  any  seine  or  stationary  nets  of  any  kind  in  the  main  channels 
within  three  miles  of  the  inside  mouths  of  Ocracoke,  Hatteras,  Oregon,  or 
any  other  inlet  north  of  Ocracoke  Inlet,  connecting  the  waters  of  the 
Atlantic  Ocean  with  any  of  the  sounds  or  other  inland  waters,  or  shall  fish 
with  seines  or  nets  of  any  description  in  the  waters  of  Bear  Inlet  or 
Brown’s  Inlet  or  within  one  mile  of  Bear  Inlet  or  Brown’s  Inlet,  on  the 
eastern  or  western  beach  of  said  inlets,  except  as  regularly  established 
fisheries  on  said  Bear  or  Brown’s  Inlet  beaches,  or  shall  fish  with  seines  or 
nets  on  the  inside  of  said  Bear  or  Brown’s  Inlet  within  one-fourtli  mile  of 
said  inlets  between  the  first  day  of  October  and  the  first  day  of  April,  he 
shall  be  guilty  of  a  misdemeanor. 

Rev.,  s.  2450;  1893,  c.  216;  1903,  c.  724;  1903,  c.  416. 


38 


North  Carolina  Fishing  Laws 


1978.  Pamlico  and  sounds  to  the  north:  Net  stakes  to  be  removed. 

Every  person  who  shall  set  or  use  any  net  in  the  waters  of  Pamlico,  Croa- 
tan,  Currituck  or  Albemarle  sounds  or  their  tributaries,  except  Perquim¬ 
ans  River,  shall  be  required  to  pull  up  and  remove  their  broken,  decayed 
and  abandoned  net  stakes  within  thirty  days  from  the  day  the  nets  were 
taken  from  them,  and  not  later  than  the  first  day  of  June,  and  any  person 
failing  to  pull  up  and  remove  their  stakes,  as  required  by  this  section,  shall 
be  guilty  of  a  misdemeanor,  and  fined  not  more  than  fifty  dollars  or  im¬ 
prisoned  not  more  than  thirty  days. 

Rev.,  s.  2448;  Code,  ss.  3382,  3414;  1883,  c.  69;  R.  C.,  c.  81,  s.  8;  1844,  c.  40,  s.  7;  1852, 
c.  13  ;  1893,  c.  147  ;  Ex.  Sess.  1908,  c.  19,  s.  1. 

For  Currituck  County,  the  above  section  is  applicable,  except  that  the  words  “broken, 
decayed  and  abandoned”  before  “net  stakes”  are  omitted.  Ex.  Sess.  1908,  c.  19. 

One  engaged  in  seine  fishing  on  the  shores  of  Albemarle  Sound  has  the  right  to  remove 
stakes  pttt  up  to  operate  a  pod-net,  when  his  seine  fishery  is  interfered  with  by  them:  Het- 
trick  v.  Page,  82-65. 

1979.  Pamlico,  Croatan  and  Albemarle  sounds  and  inlets:  Fishing 
regulated.  If  any  person  shall  set  or  fish  any  net,  seine  or  appliance  of 
any  kind  for  catching  fish  at  any  place  within  a  radius  of  two  and  one-half 
miles  either  way  from  Roanoke  Marshes  Lighthouse,  at  a  distance  more 
than  five  hundred  yards  from  the  shore  of  Roanoke  Island  or  the  mainland 
on  the  western  side  of  Croatan  and  Pamlico  sounds,  except  that  on  the 
western  side  of  Pamlico  and  Croatan  sounds  fishing  shall  be  permitted  in 
that  territory  extending  one  thousand  yards  from  the  shore,  beginning  at 
the  two-and  one-half-mile  limit  heretofore  defined  and  extending  to  the 
southern  end  of  the  Roanoke  Marshes,  on  the  Pamlico  Sound  side,  and  to 
the  north  end  of  the  same  marshes  of  the  Croatan  side,  but  in  neither  case 
shall  the  nets  within  this  one-tliousand-yard  limit  be  within  one  and  one- 
quarter  miles  in  any  direction  from  the  Roanoke  Marshes  Lighthouse;  or 
shall  set  or  fish  any  pound  or  dutch  net  on  the  eastern  side  of  Pamlico 
Sound  within  ten  miles  of  the  Roanoke  Marshes  Lighthouse,  except  such 
as  shall  be  fished  within  one  thousand  yards  of  Roanoke  Island  or  Hog 
Island  shores;  or  shall  set  or  fish  any  dutch  or  pound  net  on  the  eastern 
side  of  Pamlico  Sound  more  than  two  thousand  yards  west  of  a  line  run¬ 
ning  south-southeast  (magnetic)  from  Big  Island  to  a  point  on  the  twelve- 
foot  curve  westerly  of  Chicamaeomico  or  south  of  said  point  more  than 
two  thousand  yards  from  the  twelve-foot  curve,  as  marked  on  the  chart  of 
the  Coast  and  Geodetic  Survey,  corrected  from  data  obtained  to  November 
twenty-second,  one  thousand  nine  hundred  and  four;  or  shall  set  or  fish 
any  dutch  or  pound  net  on  the  west  side  of  Pamlico  Sound,  in  said  sound, 
extending  into  the  water  more  than  two  thousand  yards  from  the  shore; 
or  shall  set  or  fish  any  pound  or  dutch  net  in  Croatan  Sound  farther  from 
the  shore  than  cne-fifth  of  the  width  of  said  sound  at  that  point;  or  shall 
set  or  fish  any  net,  seine  or  appliance  of  any  kind  for  catching  fish  at  any 
place  within  the  area  of  one-sixtli  the  width  of  the  sound  or  river  on 
either  side  of  a  line  passing  through  the  middle  of  the  channel  of  Croatan 
Sound  and  the  middle  of  Albemarle  Sound,  up  Chowan  River  as  far  as 
Cannon’s  Ferry,  and  other  tributaries  of  Albemarle  Sound  (provided,  this 
clause  does  not  apply  to  seines  used  on  the  rivers)  ;  or  shall  set  or  fish  any 
pound  or  dutch  net  in  the  Albemarle  Sound  more  than  two  thousand  yards 
from  the  shore  of  the  mainland,  or  in  Chowan  River  farther  from  the 
shore  than  one-third  of  the  width  of  said  r?ver,  at  the  place  where  said  nets 
are  fished  or  set,  or  within  one-fourth  mile  of  any  wharf  used  by  a  steamer 
on  said  river;  or  shall  set  or  fish  any  net  or  appliance  of  any  kind  for 
catching  fish  within  one  mile  on  either  side  of  a  line  running  westerly  or 
southwesterly  from  the  center  of  New  Inlet  to  an  intersection  with  the  line 
extending  from  Big  Island  southwest  (magnetic),  or  within  one  mile  on 


North  Carolina  Fishing  Laws 


39 


•either  side  of  a  line  six  miles  long  running  southwesterly  from  the  center 
of  Oregon  Inlet  to  a  point  two  thousand  yards  west  of  the  continuation  of 
the  said  line  running  from  Big  Island  south-southeast  (magnetic),  or 
within  one  mile  on  either  side  of  a  line  six  miles  long  running  from  the 
center  of  Hatteras  Inlet  in  a  northwesterly  direction,  these  restricted 
areas  to  include  the  channels  extending  from  Oregon,  New  and  Hatteras 
inlets,  respectively,  he  shall  be  guilty  of  a  misdemeanor  and  be  fined  not 
less  than  fifty  dollars  or  imprisoned  not  less  than  thirty  days,  in  the  dis¬ 
cretion  of  the  court.  The  provisions  of  this  section  shall  apply  only  to 
that  part  of  each  year  in  which  shad  and  herring  fishing  are  permitted  by 
law  in  the  several  waters,  except  that  in  Albemarle  and  Croatan  sounds  the 
provisions  of  this  section  shall  apply  for  the  entire  year,  as  far  as  it  relates 
to  pound  nets.  The  Fisheries  Commissioner  is  authorized,  in  determining 
the  boundaries  of  the  restricted  areas  on  either  side  of  the  Roanoke 
Marshes,  to  run  straight  lines  from  the  stake  two  thousand  yards  from  the 
shore  in  the  two-and-one-half-mile  radius  from  Roanoke  Marshes  Light¬ 
house  to  the  stake  five  hundred  yards  eastward  from  the  point  of  Roanoke 
Marshes,  and  shall  run  straight  lines  from  the  stake  one-fifth  the  width  of 
Croatan  Sound  in  the  two-and-one-half-mile  radius  from  Roanoke  Marshes 
Lighthouse  south  to  the  stake  five  hundred  yards  from  the  eastward  point 
of  Roanoke  Marshes;  that  the  boundary  lines  marking  the  restricted  areas 
in  these  sounds  shall  be  run  in  straight  lines  from  stake  to  stake,  located 
at  certain  points,  but  said  stakes  not  to  be  in  any  case  more  than  three 
miles  apart.  The  place  of  trial  for  offense  under  this  section  shall  be  the 
county  opposite  where  the  act  was  committed. 

1909,  c.  540,  s.  3. 

Fishing  in  prohibited  waters  is  a  public  nuisance,  and  any  person  injured  thereby  why 
abate  it  without  unnecessary  damage  to  the  property:  Daniels  v.  Homer,  139-219;  Rea 
v.  Hampton,  101-51  ;  Hettrick  v.  Page,  82-65. 

J980.  Albemarle  and  Croatan  sounds  and  inlets:  Drift  nets.  If  any 
person  shall  drift  or  fish  any  drift  nets  between  the  first  day  of  February 
and  the  first  day  of  May  of  any  year,  within  two  miles  of  the  mouth  of  any 
river  emptying  into  Albemarle  Sound,  or  within  three  miles  of  any  seine- 
beach  on  the  Albemarle  or  Croatan  sounds  while  being  fished,  or  within 
ten  miles  of  Ocracoke,  Hatteras,  Oregon  or  New  inlets,  or  within  ten  miles 
of  the  Roanoke  Marshes,  he  shall  be  guilty  of  a  misdemeanor,  and  be 
fined  not  less  than  fifty  dollars  or  imprisoned  not  less  than  thirty  days: 
Provided,  the  people  of  Dare  County  shall  be  allowed  to  use  drift  nets  for 
herring. 

Rev.,  s.  2446  ;  Code,  s.  3396  ;  1881,  c.  274,  ss.  1,  2  ;  1883,  c.  145. 

1981.  Albemarle  Sound  and  tributaries:  Nets  and  net  stakes.  No  per¬ 
son  shall  set  or  fish  any  dutch  net  or  pound  net  in  Roanoke  River,  Casliie 
or  Middle  and  Eastmost  rivers,  or  within  two  miles  of  the  mouth  of  said 
rivers,  or  within  one  mile  of  the  mouth  of  any  other  river  emptying  into 
Albemarle  Sound,  or  less  than  two  miles  in  width  at  its  mouth,  and  any 
such  net  set  within  one  mile  of  the  mouth  of  any  other  river  emptying 
into  said  sound  shall  not  extend  into  the  main  channel  at  its  mouth.  No 
person  shall  set  or  fish  with  a  dutch  net  or  pod  net  within  half  a  mile  to 
the  eastward  or  westward  of  the  outside  windlasses  or  snatch-blocks  of 
any  seine  fishery  in  operation  on  said  sound;  and  any  such  net  set  oi 
fished  within  one  mile  of  such  windlasses  or  snatch-blocks  of  any  seine 
fishery  in  operation  shall  run  at  right  angles  to  the  shore  from  the  shore, 
and  shall  not  extend  farther  into  the  sound  from  the  water’s  edge  than 
the  distance  from  such  windlasses  or  snatch-blocks  to  the  line  of  such  net; 
and  all  persons  who  shall  set  or  fish  any  such  net  in  said  sound  shall  pull 


40 


^Xortii  Carolina  Fishing  Laws 


up  and  remove  the  stakes  used  for  the  same  by  the  first  day  of  June  next 
succeeding  the  fishing  season,  and  if  any  person  shall  set  or  fish  any  dutch 
net  or  pod  net  in  said  sound  in  violation  of  this  section  he  shall  be  guilty 
of  a  misdemeanor,  and  be  subject  to  a  penalty  of  three  hundred  dollars: 
Provided,  that  dutch  nets  may  be  used  in  Cashie  River  two  and  one-half 
miles  from  its  mouth,  if  they  do  not  extend  more  than  one-tliird  the  width 
of  said  river  from  the  shore,  and  such  nets  may  be  along  the  sound  shore 
on  the  Bertie  County  side  between  the  following  points  along  said  shore, 
to  wit:  commencing  at  the  mouth  of  Cherry  Tree  Cut  Branch,  Kentrock 
Field  and  Landing  Field,  and  running  around  the  shore  to  the  mouth  of 
Morgan  Swamp,  thence  to  Rock  Spring  Branch,  and  that  any  nets  set  or 
fished  within  that  line  shall  not  extend  from  the  shore  in  any  direction  a 
greater  distance  than  six  hundred  and  fifty  yards  measured  at  high  water, 
and  within  this  distance  of  six  hundred  and  fifty  yards  is  to  be  included 
the  nets,  hedges  and  all  parts  thereof. 

Rev.,  s.  2439;  Code,  s.  3383  ;  1889,  c.  122;  1891,  c.  322;  1895,  c.  245;  1899,  c.  310;  1899, 
c.  412;  1909,  c.  540,  s.  2;  1911,  c.  23. 

One  engaged  in  seine  fishing  an  the  shores  of  Albemarle  Sound  has  the  right  to  remove 
stakes  put  up  to  operate  a  pod-net,  when  his  seine  fishery  is  interfered  with  by  them:  Het- 
triek  v.  Page,  82-65. 

1982.  Albemarle  Sound  in  certain  parts:  Gill  nets.  It  is  unlawful  to 

set,  fish  or  use  any  gill  nets  of  any  description,  either  stake,  anchor  or 
drift,  for  commercial  purposes  in  the  Albemarle  Sound  west  of  a  line 
drawn  straight  from  Batt’s  Island  on  northern  side  of  Albemarle  Sound  to 
mouth  of  Scuppernong  River  on  south  side  of  said  sound,  except  between 
the  hours  of  four  o’clock  and  eleven  o’clock  p.m.,  and  then  said  nets  or 
combinations  of  such  nets  shall  not  be  more  than  six  hundred  yards  in 
length,  and  there  shall  not  be  allowed  to  any  boat  more  than  six  hundred 
yards  of  such  gill  nets. 

It  is  the  duty  of  the  Fisheries  Commissioner  or  other  persons  entrusted 
with  the  enforcement  of  the  fishery  laws  of  the  State  to  seize  and  remove 
any  gill  net  of  any  description  being  set,  setting  or  being  used  in  violation 
of  this  article,  or  which  is  more  than  six  hundred  yards  in  length,  and  to 
dispose  of  the  same  as  provided  by  law. 

It  is  the  duty  of  the  Fisheries  Commissioner  to  keep  a  deputy,  assistant 
or  inspector  on  the  waters  of  Albemarle  Sound  to  enforce  this  section  and 
the  other  fish  laws  applicable  to  Albemarle  Sound,  and  the  failure  of  the 
Fisheries  Commissioner  to  perform  this  duty  shall  render  his  official  bond 
liable  to  the  penalty  prescribed  in  the  third  preceding  section  which  regu¬ 
lates  fishing  in  Pamlico,  Croatan  and  Albemarle  sounds  and  inlets. 

Any  person,  firm  or  corporation  violating  the  provisions  of  this  section 
shall  be  guilty  of  a  misdemeanor  and,  upon  conviction,  shall  be  fined  not 
less  than  two  hundred  dollars  (one-half  to  go  to  the  informant  and  the 
other  half  to  the  school  fund),  or  imprisoned  in  the  discretion  of  the  court. 

1911,  c.  18;  1913,  c.  43. 

1983.  Albemarle  Sound  off  Tyrrell  County:  Gill  nets.  It  is  unlawful 
for  any  person,  firm  or  corporation  to  set  or  use  for  catching  fish  any 
anchor  gill  net  within  fourteen  hundred  yards  of  any  stake  gill  net  of  from 
four-and-one-lialf-inch  to  five-and-one-lialf-incli  mesh  in  that  part  of  the 
Albemarle  Sound  embraced  in  the  following  area:  Commencing  on  the 
east  shore  of  the  Scuppernong  River  where  said  river  empties  into  the 
Albemarle  Sound,  thence  north  to  the  middle  of  the  Albemarle  Sound, 
thence  along  the  middle  of  the  Albemarle  Sound  to  a  point  in  the  sound  op¬ 
posite  Newberry  Pier,  thence  to  the  shore  at  Newberry  Pier,  and  along  the 
sound  shore  to  the  beginning.  Any  person,  firm  or  corporation  violating 


Xorth  Carolina  Fishing  Laws 


41 


the  provisions  of  this  section  shall  be  guilty  of  a  misdemeanor  and,  upon 
conviction,  shall  be  fined  not  more  than  fifty  dollars  or  be  imprisoned  for 
not  more  than  thirty  days. 

1915,  c.  112. 


1984.  Albemarle  Sound  in  certain  parts:  Anchor,  drift  and  stake  nets. 
If  any  person  shall  set  or  fish  an  anchor,  drift  or  staked  gill  net  in  the 
waters  of  Albemarle  Sound  or  its  tributaries  west  of  a  line  running  from 
Skinner’s  Point  Buoy  to  Roanoke  Lighthouse,  or  if  any  person  shall  east 
of  said  line  set  or  fish  in  the  waters  of  said  sound  or  its  tributaries  any 
anchor,  drift  or  staked  gill  net  longer  than  one  thousand  yards,  or  combi¬ 
nation  of  such  nets  longer  than  one  thousand  yards;  or  shall  set  or  fish 
any  anchor,  drift  or  staked  gill  nets  within  one  and  one-half  miles  of  any 
seine  grounds  on  the  said  sound  or  rivers  emptying  therein,  or  within  one- 
half  mile  of  any  dutch-net  stand  where  the  same  is  now  located  in  said 
sound  or  rivers,  unless  said  seine  ground  or  dutch-net  stand  is  owned  by 
the  person  setting  such  nets;  or  shall  set  or  fish  any  line  or  row  of  anchor, 
drift  or  staked  gill  nets  anywhere  in  said  sound  or  rivers  nearer  to  any 
other  row  of  such  nets  than  half  the  length  of  the  longer  of  said  row,  he 
shall  be  guilty  of  a  misdemeanor  and  shall  be  fined  not  exceeding  one  hun¬ 
dred  dollars  or  be  imprisoned  not  more  than  thirty  days.  And  any  person 
who  shall  willfully  violate  the  provisions  of  this  section  shall  forfeit  and 
pay  for  each  violation  of  the  same  the  sum  of  one  hundred  dollars,  to  be 
recovered  in  a  civil  action  by  any  one  who  will  sue  therefor;  one-half  of 
said  recovery  shall  inure  to  the  benefit  of  the  public  school  fund:  Pro¬ 
vided,  that  nothing  in  this  section  shall  prevent  the  setting  of  gill  nets  in 
the  Chowan  River  or  its  tributaries  above  Holliday’s  Island:  Provided 
further,  that  one-third  of  said  stream,  along  the  channel,  shall  be  kept 
free  from  any  class  of  net:  Provided  further,  that  no  pound  net  shall  be 
set  within  one  hundred  yards  of  any  other  pound  net  set  by  another  person 
in  Chowan  River,  north  of  Holliday’s  Island. 


Rev.,  s.  2451  ;  1897,  c.  51  ;  1899,  c.  41  ;  1899,  c.  130  ;  1911,  c.  104. 


1985.  Albemarle  Sound:  Nets  near  wharves  or  Norfolk  Southern  Rail¬ 
road  bridge.  It  is  unlawful  to  set  any  pound  or  dutch  nets  in  Albemarle 
Sound  nearer  to  either  side  of  the  Norfolk  Southern  Railroad  bridge  across 
said  sound  than  three  hundred  yards,  or  to  set  any  stake,  drift,  or  anchor 
gill  nets  nearer  to  either  side  of  said  bridge  than  one-half  mile.  It  is 
unlawful  to  set  any  net  of  any  description  in  front  of  a  whaif,  that  is, 
between  the  pier  of  any  wharf  now  used  as  a  landing  for  any  steamboat 
and  the  middle  of  the  stream  on  which  the  wharf  is  built.  Any  person 
violating  the  provisions  of  this  section  shall  be  guilty  of  a  misdemeanor 
and  fined  not  less  than  one  hundred  dollars  or  imprisoned  in  the  discre¬ 
tion  of  the  court. 


1911,  c.  163. 

1980.  Croatan  Marshes:  Nets  and  fishing  apparatus  near.  If  any  per¬ 
son,' for  the  purpose  of  taking  fish,  shall,  between  the  first  day  of  February 
and  the  first  day  of  May  of  the  same  year,  use  or  cause  to  be  used,  at  or 
within  half  a  mile  of  the  marshes  separating  the  waters  of  Croatan  and 
Pamlico  sounds,  any  weir,  hedge,  net  or  seine,  he  shall  be  guilty  of  a 
misdemeanor. 

Rev.,  s.  2424  ;  Code,  s.  3378  ;  R.  C.,  c.  81,  s.  4  ;  1844,  c.  40,  s.  3. 

1987  Currituck  Sound:  Nets  used  regulated.  It  is  unlawful  for  any 
person  or  persons,  firm  or  corporation  to  fish  in  the  waters  of  Currituck 
Sound  with  a  drag,  haul,  seine  or  any  other  kind  of  net  of  whatsoever  kind 


42 


Xokth  Carolina  Fishing  Laws 


with  a  bar  of  less  than  one  and  three-eighths  inches,  or  a  mesh  of  less  than 
two  and  three-quarters  inches.  Any  person  or  persons,  firm  or  corpora¬ 
tion  violating  any  of  the  provisions  of  this  section  shall  be  guilty  of  a  mis¬ 
demeanor  and  fined  not  more  than  fifty  dollars  or  imprisoned  not  more 
than  thirty  days,  in  the  discretion  of  the  court. 

1913,  c.  29. 

1988.  Pamlico  Sound:  Nets  to  be  set  north  and  south.  Every  net 
(unless  the  same  be  a  drag-net  and  hauled  to  the  shore)  which  may  be 
used  for  catching  shad  in  that  portion  of  the  waters  of  Pamlico  Sound 
lying  between  a  line  drawn  eastwardly  from  Stumpy  Point  and  Mount 
Pleasant  in  Hyde  County  to  a  point  ten  miles  south  of  Hatteras  Inlet  in 
said  sound,  shall  be  set  and  fixed  in  said  waters  in  a  direction  from  north 
to  south,  and  shall  not  be  used  in  any  other  manner;  and  any  person 
offending  against  this  section  shall,  for  every  offense,  forfeit  five  dollars. 

Rev.,  s.  2433  ;  Code,  s.  3381  ;  1889,  c.  261  ;  R.  C.,  c.  81,  s.  7  ;  1844,  c.  40,  s.  6. 

1989.  Pamlico  Sound;  tributaries,  rivers  and  waters  of  Carteret 
County:  Nets  regulated.  There  shall  be  no  pound  or  other  tarred  nets 
with  a  mesh  smaller  than  one  and  one-half  inches  bar,  before  tarring, 
fished  in  Pamlico,  Tar  and  Neuse  rivers,  Pamlico  Sound,  and  the  waters  of 
Carteret  County,  and  there  shall  be  no  pound  or  stake  nets  fished  within 
three  miles  of  the  inside  mouths  of  Ocracoke  Inlet,  nor  in  the  principal 
channel  or  channels  of  said  inlet,  nor  within  one  mile  of  said  channel  or 
channels  until  the  said  channel  or  channels  reach  deep  water,  at  any  time, 
and  the  other  inlets  north  of  it  shall  be  left  under  section  19  79  of  this 
chapter.  No  stake  or  pound  net  which  shall  be  fished  in  any  of  the 
waters  mentioned  in  this  section,  without  being  tarred,  shall  have  a  mesh 
of  less  than  one  and  three-eighths  inches  bar.  The  bunt,  which  must  not 
be  longer  than  thirty  yards,  of  all  seines  and  haul-nets  fished  in  the  waters 
of  Pamlico,  Tar  and  Neuse  rivers  and  Pamlico  Sound  shall  not  be  smaller 
than  one  and  one-eighth  inches  bar  net,  but  nothing  herein  shall  apply  to 
nets  fishing  for  menhaden.  Any  person  violating  any  of  the  provisions  of 
this  section  shall  be  guilty  of  a  misdemeanor,  and  shall  be  fined  not  less 
than  one  hundred  dollars  and  imprisoned  at  the  discretion  of  the  court: 
Provided,  this  section  shall  apply  only  to  that  part  of  the  year  beginning 
January  fifteenth  and  ending  May  fifteenth. 

1907,  c.  948,  ss  1-4  ;  1909,  c.  540,  s.  4. 

1990.  Pamlico  Sound;  waters  of  Pamlico  County:  Nets  regulated.  It 
is  unlawful  for  any  person  or  association  of  persons  or  corporation  to  set  or 
cause  to  be  set,  fish  or  cause  to  be  fished,  in  Pamlico  Sound  from  the  mouth 
of  Bay  River  to  Neuse  River  and  in  Neuse  River,  more  than  four  pound, 
pod  or  dutch  nets  in  any  one  string,  with  leads  of  more  than  two  hundred 
yards  in  length  for*  each  pound  or  net,  or  at  a  greater  distance  than  one 
and  one-half  miles  from  the  shore  at  right  angles  or  thereabouts  from  the 
place  opposite  where  such  net  may  be  set;  and  it  is  unlawful  for  any  per¬ 
son,  association  of  persons  or  corporation  to  set  or  cause  to  be  set  any 
pound,  pod  or  dutch  net  or  string  of  nets  of  any  kind,  or  fish  any  such  nets 
nearer  to  a  net  or  string  of  nets  already  set  and  being  fished  than  five 
hundred  yards,  and  no  pound,  pod  or  dutch  net  nor  any  lead  thereto  shall 
be  set  other  than  at  right  angles  or  thereabouts  from  the  shore.  It  is 
unlawful  for  any  person  or  persons,  firm  or  corporation,  to  use,  set  or  fish 
any  drag  or  haul  net  in  the  waters  of  Smith’s  Creek  or  its  tributaries  in 
Pamlico  County. 

It  is  unlawful  for  any  person  or  persons  or  corporation  to  set  or  fish  or 
cause  to  be  set  or  fished  any  pound,  pod  or  dutch  net  in  the  waters  of 


North  Carolina  Fishing  Laws 


43 


Pamlico  County  on  the  south  or  east  side  thereof,  or  in  Neuse  River,  of  a 
size  smaller  than  one-quarter  mesh  or  bar  measure  or  two  and  one-half 
inches  string  measure. 

Any  person,  persons  or  corporation  who  shall  violate  any  of  the  above 
provisions  shall  be  guilty  of  a  misdemeanor,  and  shall  be  fined  not  exceed¬ 
ing  fifty  dollars  or  imprisoned  not  exceeding  thirty  days,  in  the  discretion 
■of  the  court,  and  shall  also  forfeit  such  net  or  nets  any  portion  of  which 
may  be  set  beyond  such  distance  from  the  shore  or  set  in  any  manner  or 
place  forbidden  in  this  section. 

It  is  the  duty  of  the  sheriff  of  Pamlico  County,  upon  reliable  informa¬ 
tion  that  any  person  or  persons  or  corporation  has  set  or  caused  to  be  set 
any  pound  or  dutch  net,  or  that  any  portion  of  any  such  net  has  been  set 
at  a  greater  distance  than  one  and  one-half  miles  from  the  shore  from  the 
mouth  of  Bay  River  to  Neuse  River  and  from  Neuse  River  to  Baird’s 
■Creek,  or  nearer  than  five  hundred  yards  to  any  nets  already  set,  to  ascer¬ 
tain  the  truth  thereof,  and  'if  such  report  be  correct,  take  into  possession 
at  once  any  such  net  so  set,  and  after  ten  days  public  notice  at  three  pub¬ 
lic  places  in  his  county  sell  the  same  at  public  sale,  and  from  the  proceeds 
he  shall  retain  the  actual  cost  of  taking  such  net,  and  a  fee  for  services  of 
two  and  one-half  dollars  and  the  remainder  of  said  proceeds  he  shall  pay 
one-half  to  the  informer  and  the  other  to  be  paid  to  the  county  treasurer, 
who  shall  place  the  same  to  the  credit  of  the  public  school  fund  of  the 
county. 

It  is  lawful  for  any  person  or  persons  to  set  pound,  pod  or  dutch  nets  in 
the  manner  prescribed  in  this  section  in  the  waters  of  Pamlico  County  and 
in  Neuse  River  upon  the  north  side  thereof  from  its  mouth  to  Baird’s 
Creek,  at  any  time  during  the  year,  and  from  the  northern  end  of  outer 
Swan  Island  to  Adams’  Creek  on  the  south  side  of  Neuse  River,  from  the 
first  day  of  January  to  the  first  day  of  May. 

P.  L.  1913,  c.  752,  s.  5. 

1991.  Roanoke  Sound:  Nets  in.  It  is  unlawful  for  any  person  or  per¬ 
sons  to  set  any  pound  nets  or  any  other  kind  of  nets  east  of  a  line  begin¬ 
ning  at  a  point  one  thousand  yards  east  of  Hog  Island  Point  and  running 
direct  to  a  point  two  hundred  yards  east  of  Broad  Creek  Point;  thence  fol¬ 
lowing  the  east  shore  of  Roanoke  Island  to  Ballast  Point;  or  set  or  fish 
any  pound  or  dutch  nets  or  any  other  kind  of  net  in  that  portion  of 
Roanoke  Sound  north  of  a  line  extending  from  Ballast  Point  east  ten 
degrees  north  farther  from  the  shore  than  one-fiftli  of  the  width  of  said 
sound.  Any  person  violating  any  of  the  provisions  of  this  section  shall 
be  guilty  of  a  misdemeanor  and,  upon  conviction,  shall  be  fined  or  impris¬ 
oned  at  the  discretion  of  the  court.  This  section  shall  not  prevent  the 
setting  of  pound  nets  inside  of  Shallow  Bag  Bay,  and  shall  apply  only  to 
that  part  of  each  year  in  which  shad  and  herring  fishing  is  permitted  by 
law  in  the  several  waters. 

1911,  c.  26. 

Part  2.  Streams 

1992.  Black  River:  Fishing  regulated.  It  is  unlawful  for  any  person 
or  persons  to  catch  or  take  fish,  either  by  rod  or  hook,  seines,  nets,  sti  ik¬ 
ing,  muddying  the  pools  or  lagoons,  feeling  by  hand,  gigging,  -or  in  -any 
other  method  or  in  any  manner  whatsoever,  during  the  months  of  May, 
June,  July  and  August,  excepting  Friday  and  Saturday  of  each  week  in 
•each  year,  in  the  waters  of  Black  River  and  its  tributaries,  in  the  coun¬ 
ties  of  Pender  and  Bladen.  Any  person  violating  the  provisions  of  this 
section  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  fined  not 


44 


Xokth  Carolina  Fishing  Laws 


less  than  five  dollars  nor  more  than  ten  dollars  or  imprisoned  not  more 
than  thirty  days,  one-half  of  the  fine  to  be  paid  to  the  informer  and  one- 
half  to  the  school  fund. 

1999,  c.  478;  1923. 

199;?.  Black  River  and  Mingo  Creek:  Only  hook  and  line.  If  any 
person  shall  fish  in  that  part  of  Black  or  South  River  which  is  in  Sampson 
and  Cumberland  counties,  or  in  that  part  of  Black  or  South  River  in 
Harnett  County  below  Averasboro  and  Clinton  road,  or  in  Mingo  Creek  in 
said  counties  below  the  Averasboro  and  Clinton  road,  and  Stony  Run  in 
Harnett  County,  otherwise  than  with  a  hook  and  line,  he  shall  be  guilty 
of  a  misdemeanor,  and  upon  conviction  shall  be  fined  not  less  than  twenty- 
five  dollars  nor  more  than  fifty  dollars,  or  imprisoned  not  less  than  ten 
days  nor  more  than  thirty  days:  Provided,  that  this  act  shall  not  be  con¬ 
strued  to  prevent  the  setting  of  nets  in  any  millpond  located  on  said 
streams  by  the  owner  or  owners  of  said  millpond  where  such  nets  are  not 
placed  in  or  across  the  main  run  of  said  stream. 

Rev.,  s.  247;  1895,  c.  276;  P.  L.  L.  1921,  c.  185;  P.  L.  L.  (Ex.  Sess.)  1921,  c.  237. 

1994.  Black  River  in  Bladen,  Cumberland  and  Sampson:  Close  season. 

It  is  unlawful  for  any  person  to  catch  with  hook  and  line,  seine,  or  destroy 
with  gun  or  any  gig  or  striking  iron  the  fish  in  the  waters  of  Black  River 
and  its  tributaries  in  the  counties  of  Bladen,  Cumberland  and  Sampson 
from  the  fifteenth  of  May  until  the  fifteenth  of  August  in  each  year. 
Any  person  violating  this  section  shall  be  guilty  of  a  misdemeanor,  and 
shall  be  fined  not  less  than  ten  dollars  nor  more  than  twenty-five  dollars, 
or  imprisoned  in  the  county  jail  not  more  than  thirty  days,  for  each  and 
every  offense. 

P.  L.  1913,  c.  623,  s.  1. 

1994a.  It  shall  be  lawful  to  fish  with  hook  and  line  only  in  any  of  the 
streams  of  Cumberland  and  Harnett  counties  and  in  that  portion  of  Black 
River  in  Sampson  County  above  Maxwell’s  Bridge  at  any  time,  except  that 
between  April  first  and  June  first  of  each  year  it  shall  be  unlawful  for  any 
person  to  take  or  kill  in  any  manner  any  bass,  chub,  trout,  jack  or  pike 
from  any  of  said  waters. 

P.  L.  L.  1923. 

1995.  Black  River  and  Six  Runs:  Obstructing  channel;  lay  days.  It 
is  unlawful  for  any  person  or  persons  to  fish  in  that  part  of  Black  River 
from  the  Cape  Pear  River  to  the  mouth  of  Great  Coharie,  and  in  that  part 
of  Six  Runs  River  from  its  mouth  to  where  it  is  crossed  by  the  Atlantic 
Coast  Line  Railroad,  with  any  wire  trap,  net  or  contrivance  whatever  that 
will  obstruct  the  free  passage  of  fish  in  said  waters,  from  the  first  day  of 
March  to  the  fifteenth  day  of  June  of  each  year,  except  from  six  o’clock 
p.m.  to  six  o’clock  a.m.  on  Tuesday,  Thursday  and  Saturday  nights.  It  is 
unlawful  for  any  person  or  persons  fishing  as  permitted  in  the  foregoing 
to  leave,  or  permit  being  left,  in  the  parts  of  the  said  streams  defined  in 
the  foregoing,  any  wire  trap,  net  or  contrivance  whatever  that  will  ob¬ 
struct  the  free  passage  of  fish,  or  any  parts  of  any  such  wire  trap,  net  or 
contrivance,  at  any  time  during  which  such  fishing  is  prohibited.  Any 
person  or  persons  violating  the  provisions  of  this  section  shall  be  guilty  of 
a  misdemeanor,  and  be  fined  not  more  than  fifty  dollars  or  imprisoned  not 
more  than  thirty  days. 

1907,  c.  169. 


45 


Forth  Carolina  Fishing  Laws 


1998.  Cape  Fear  River:  Nonresidents  may  not  fish.  If  any  person 
who  is  a  nonresident  of  the  State  shall  catch  fish,  for  marketable  purposes 
in  the  wateis  of  the  Cape  Fear  River,  or  any  of  its  tributaries,  he  shall  be 
guilty  of  a  misdemeanor  and,  upon  conviction,  shall  be  fined  or  imprisoned 
at  the  discretion  of  the  court. 

Rev.,  s.  3416;  1895,  c.  230. 


1997.  Cape  Fear  River:  Nets  and  seines  regulated.  If  any  person 
shall  use  any  net  for  catching  sturgeon  in  the  waters  of  New  Hanover 
County,  the  bais  of  the  meshes  of  which  net  shall  be  less  than  ten  inches 
in  the  diamond,  01  shall  haul  a  seine  or  nets  or  pod  fish  within  three  hun- 
di ed  yai ds  of  any  established  fishery,  except  with  the  nets  of  such  fishery; 
oi  shall  set  or  fish  any  stationary  nets  in  the  waters  of  the  Cape  Fear 
River,  except  on  the  east  side  thereof  and  in  New  Hanover  County;  or  shall 
set  any  net  in  said  river  otherwise  than  east  or  west;  or  shall  own  or  con¬ 
trol  more  than  one  line  of  nets;  or  shall  operate  or  fish  any  shad  nets  in 
Cape  Fear  River  below  the  mouth  of  Brunswick  River  between  the  twen¬ 
tieth  day  of  April  and  the  fifteenth  day  of  January;  or  shall  set  any  set 
net  or  stationary  net  of  any  kind  in  the  Cape  Fear  River  north  of  the 
mouth  of  the  Brunswick  River,  or  in  the  Brunswick  River;  or  shall  operate 
any  drift  net  in  the  Cape  Fear  River  of  more  than  three  hundred  yards  in 
length,  or  shall  catch  shad  in  said  river  with  seines  or  nets  from  the  twen¬ 
tieth  of  April  to  the  fifteenth  of  January,  he  shall  be  guilty  of  a  misde¬ 
meanor.  The  possession  of  a  sturgeon  net  with  meshes  of  a  size  smaller 
than  allowed  by  this  section  shall  be  prima  facie  evidence  of  having  fished 
the  same.  In  setting  nets  in  Cape  Fear  River  as  allowed  by  this  section 
the  following  rules  shall  prevail:  They  shall  begin  at  a  point  one  hundred 
yards  from  the  edge  of  the  channel  on  the  east  side  of  said  river  and  run¬ 
ning  thence  due  east  one  hundred  and  twenty  yards,  then  leaving  a  gap  of 
one  hundred  and  twenty  yards.  Then  from  the  east  end  of  said  gap 
another  net  may  be  set  one  hundred  and  twenty  yards  only,  and  to  con¬ 
tinue  in  the  same  proportion,  always  requiring  a  gap  of  one  hundred  and 
twenty  yards  to  intervene  between  each  one  hundred  and  twenty  yards  of 
nets  so  set,  and  no  net  or  sets  of  nets  of  any  kind  shall  be  placed  opposite 
said  gaps,  within  a  distance  of  a  half  mile  of  same,  and  none  of  the  nets  so 
set  shall  be  nearer  than  a  half-mile  of  the  west  shore  of  said  Cape  Fear 
River.  An  established  fishery  in  the  meaning  of  this  section  is  one  where 
there  is  a  camp  for  the  use  of  the  hands,  and  where  the  seine  or  nets  and 
boats  used  by  the  said  fishery  are  kept,  and  where  the  said  fishery  was 
established  prior  to  the  first  day  of  January,  one  thousand  eight  hundred 
and  ninety-nine. 

Rev.,  s.  2468;  Code,  s.  3403;  1901,  c.  173;  1899,  c.  440;  1881,  c.  280;  1907,  c.  752. 


1998.  Cape  Fear  River:  Fish  traps  regulated.  If  any  person  shall 
construct,  operate  or  maintain  any  fish  traps  in  the  Cape  Fear  River,  or 
shall  fail  to  remove  all  traps  now  in  the  channel  of  said  river  within  sixty 
days  from  the  first  day  of  March,  one  thousand  nine  hundred  and  five;  or 
shall  fail  on  the  first  day  of  June  of  each  year  to  remove  the  slats  or  fingers 
from  any  fish  trap  allowed  to  be  operated  in  said  river  under  this  section, 
he  shall  be  guilty  of  a  misdemeanor.  This  section  shall  not  apply  to 
Brunswick  or  New  Hanover  counties  or  to  a  fish  trap  which  extends  to  not 
more  than  one-third  the  channel  of  said  river. 

Rev.,  s.  2483  ;  1905,  c.  500. 

1999.  Cape  Fear  and  Northeast  rivers:  Nets  in.  It  is  unlawful  to  fish 
with  dutch,  pod,  fyke  or  other  pound  nets,  or  stake  or  stationary  nets,  or 
nets  of  like  kind,  in  the  waters  of  the  Cape  Fear  River  below  the  mouth 


46 


Xorth  Carolina  Fishing  Laws 


of  Black  River,  twelve  miles  above  Wilmington,  or  in  the  waters  of  North¬ 
east  River  below  the  Castle  Hayne  bridge.  Drift  nets  shall  be  permitted 
in  the  waters  of  the  Cape  Fear  River  within  the  territory  as  above  de¬ 
scribed  in  this  section,  and  its  tributaries,  between  February  first  and 
May  first  of  each  year.  Any  person  violating  the  provisions  of  this  sec¬ 
tion  shall  be  guilty  of  a  misdemeanor  and  fined  not  less  than  fifty  dollars 
or  imprisoned  not  less  than  thirty  days. 

1909,  c.  841  ;  P.  L.  1911,  c.  278. 

2000.  Cape  Fear,  Northeast  and  Black  Rivers:  Obstructing  fish;  fish¬ 
ing  between  Saturday  evening  and  Monday  evening.  If  any  person  shall 
with  seines  or  nets  of  any  kind  catch  any  fish  in  the  waters  of  the  Cape 
Fear  River  from  its  mouth  to  the  Bladen  County  line,  or  in  the  waters  of 
the  Northeast  Cape  Fear  or  Black  rivers  in  Pender  County  between  six 
o’clock  p.m.  on  Saturday  and  six  o’clock  p.m.  on  Monday,  or  shall  obstruct 
the  free  passage  of  fish  in  the  waters  of  said  rivers,  he  shall  be  guilty  of  a 
misdemeanor. 

Rev.,  s.  2470;  1885,  c.  226;  1887,  c.  71;  1907,  c.  811. 

2001.  Cape  Fear  River,  northeast  branch:  Seines,  nets  and  traps.  If 
any  person  shall  fish  in  the  northeast  branch  of  the  Cape  Fear  River  with 
seine,  net  or  trap,  from  the  twenty-third  day  of  February  to  the  first  day 
of  July  of  any  year,  between  the  hours  of  six  o’clock  p.m.  on  Saturday  and 
six  o’clock  p.m.  on  Monday  of  each  week,  or  shall  at  any  time  use  more 
than  one  seine  at  a  time  in  any  fishing  hole  in  said  river,  or  use,  set  or 
place  in  said  river  any  hedge,  trap  or  other  obstruction  which  will  prevent 
the  free  passage  of  fish  up  said  river,  which  said  hedge,  trap  or  other 
obstruction  shall  extend  more  than  one-third  across  the  main  channel  of 
the  said  river,  he  shall  be  guilty  of  a  misdemeanor.  This  section  shall 
not  apply  to  that  portion  of  said  river  which  lies  between  the  city  of  Wil¬ 
mington  and  a  point  on  said  river  known  as  The  Three  Cypresses,  twelve- 
miles  distant  from  said  city  of  Wilmington. 

Rev.,  s.  2469  ;  1889,  c.  182  ;  1891,  c.  198. 

2002.  Goose  and  Oyster  creeks:  Drag  or  haul  nets  unlawful.  It  is  un¬ 
lawful  for  any  person  or  persons  to  fish  with  a  drag  or  haul  net  of  any 
description  in  the  waters  of  Oyster  Creek  and  its  tributaries  and  Goose 
Creek  or  its  tributaries  (said  creek  being  a  dividing  line  between  the 
counties  of  Pamlico  and  Beaufort).  Any  person  or  persons  violating  the 
provisions  of  this  section  shall  be  deemed  guilty  of  a  misdemeanor  and 
shall  be  fined  or  imprisoned,  or  both,  in  the  discretion  of  the  court. 

1907,  c.  222  ;  P.  L.  1911,  c.  381. 

2003.  Little  River:  Obstructions  in.  If  any  person  shall  place  any 
obstruction  in  Little  River,  dividing  the  counties  of  Pasquotank  and  Per¬ 
quimans,  and  allow  it  to  remain  for  a  longer  time  than  ten  days,  he  shall 
be  guilty  of  a  misdemeanor,  and  fined  not  less  than  five  dollars  nor  more 
than  ten  dollars:  Provided,  nothing  in  this  section  shall  be  so  construed 
as  to  prohibit  citizens  from  fishing  with  dip-nets  in  said  river  during  the 
months  of  March  and  April  in  each  year. 

Rev.,  s.  2443;  Code,  s.  3400;  1881,  c.  18. 

2004.  Lumber  River:  Close  season  for  traps  in.  It  is  unlawful  for 
any  person  to  set  any  trap  for  the  purpose  of  catching  fish  in  Lumber 
River  or  its  tributaries  in  Columbus  and  Robeson  counties,  between  the 
first  day  of  April  and  the  first  day  of  September  in  any  year.  Any  person 


47 


77oeth  Carolina  Fishing  Laws 


violating  the  provisions  of  this  section  shall  be  guilty  of  a  misdemeanor 
and  upon  conviction,  shall  be  fined  not  more  than  fifty  dollars  or  impris¬ 
oned  not  more  than  thirty  days. 

1907,  c.  608. 


200o.  Lumber  River  and  waters  of  Robeson,  Columbus,  Hoke  and 
Scotland.  Fishing  regulated.  It  is  unlawful  for  any  person,  firm  or  cor¬ 
poration  to  fish  with  seine,  trap,  nets,  or  by  gigging,  muddying,  striking, 
dynamiting,  shooting,  or  using  lime  or  other  chemicals  by  which  fish  may 
be  killed,  in  Lumber  River  or  any  of  its  tributaries,  or  other  rivers,  lakes, 
ponds  or  swamps  of  Robeson,  Columbus,  Hoke  and  Scotland  counties: 
Provided,  that  gill  nets  may  be  set  in  these  waters  during  six  months  in 
each  year,  beginning  with  October  and  ending  with  March:  And  provided 
further,  that  in  Robeson  and  Hoke  counties  owners  of  private  lakes  and 
ponds  may  fish  therein  with  seines,  nets  or  traps  from  July  first  to  Septem¬ 
ber  thirtieth. 

Any  person,  firm  or  corporation  violating  this  section  shall  be  guilty  of 
a  misdemeanor  and,  on  conviction,  shall  be  fined  not  more  than  fifty 
dollars  nor  less  than  ten  dollars,  the  fine  to  be  paid  to  the  school  fund  of 
the  county  in  which  the  offense  was  committed,  or  imprisoned  not  more 
than  thirty  days  nor  less  than  ten  days  in  the  county  jail,  the  county  com¬ 
missioners  of  said  counties  having  the  privilege  of  sending  the  said  person 
or  persons  so  convicted  to  the  chain-gang  of  their  respective  counties  or  to 
hire  them  out  in  case  there  is  no  chain-gang.  The  police  force  of  said 
counties  have  full  power  and  authority  to  arrest,  without  warrant,  any  and 
all  persons  violating  this  section. 

P.  L.  1915,  c.  358;  P.  L.  1917,  cc.  368,  415. 


2006.  Moccasin  River  and  Rig  and  Little  Contentnea  creeks:  Obstruc¬ 
tions  and  nets  in.  It  is  unlawful  for  any  person  or  persons  to  hedge  or 
otherwise  obstruct  the  free  passage  of  water,  fish,  timber,  rafts  or  boats  in 
the  run  of  Moccasin  River  or  Big  Contentnea  Creek,  from  Rountree’s 
Bridge  in  Wilson  County  to  the  mouth  of  said  river  or  creek,  or  to  make 
any  like  obstruction  in  the  run  of  Little  Contentnea  Creek.  It  is  unlawful 
for  any  person  or  persons  to  fish  with  traps  of  any  description  in  the 
waters  of  either  of  said  streams,  except  from  Rountree’s  Bridge  to  Bare¬ 
foot’s  Mill:  Provided,  no  hedge  or  trap  shall  obstruct  more  than  one-third 
of  the  waters  of  Contentnea  Creek.  Any  person  who  shall  violate  any  of 
the  provisions  of  this  section  shall  be  guilty  of  a  misdemeanor  and,  upon 
conviction  thereof,  shall  be  fined  not  less  than  five  dollars  and  not  more 
than  fiftv  dollars,  or  imprisoned  not  more  than  thirty  days;  and  one-lialt  of 
the  fine  so  imposed  shall  be  paid  to  the  person  who  reports  such  offenses  to 
the  proper  lawful  -officer,  and  the  other  half  to  the  common  school  fund  of 
the  county  in  which  the  misdemeanor  is  committed. 

1907,  c.  615;  Ex.  Sess.,  P.  L.  1913,  c.  2o2. 


2007  Neuse  and  Trent  rivers:  Stationary,  sot,  oi  dutch  n<  is.  No  pei 
soiT  or  association  of  persons  shall  set  or  place  or  cause  to  be  set  or  placed 
any  stationary  set  or  dutch  nets  in  either  Neuse  or  Trent  rivers  above  the 
noint  of  conflux  of  the  said  Neuse  and  Trent  rivers.  That  no  person  or 
association  of  persons  or  corporation  shall  set,  cause  to  be  set,  fish  or  cause 
to  be  fished  use  or  cause  to  be  used  any  dutch  net,  pounct  net  or  other 
Qtatinnarv  trap  net  or  seine  of  similar  description,  by  whatever  name 
known  in  the  waters  of  Neuse  River  above  Wilkinson’s  Point,  on  Pamlico 
«7rlP  Anv  person  or  association  of  persons  setting  or  placing  any  nets, 
“  described  above,  on  any  day  or  part  of  a  day,  above  the  point  of  conflux 
of  the  said  Neuse  and  Trent  rivers,  shall  be  guilty  of  a  misdemeanor.  Any 


48 


Xortii  Carolina  Fishing  Laws 


person  or  association  of  persons  or  corporation  setting  or  placing  or  caus¬ 
ing  to  be  set  or  placed  any  nets,  as  described  above,  on  any  day  or  part  of 
a  day,  above  Wilkinson’s  Point,  in  Neuse  River,  shall  be  guilty  of  a  mis¬ 
demeanor.  Any  person  or  association  of  persons  or  corporation  violating 
the  provisions  of  this  section  shall,  upon  conviction,  be  fined  fifty  dollars 
or  imprisoned  thirty  days  for  each  and  every  violation.  Any  party  who  is 
the  informant  against  any  one  violating  this  section  shall,  upon  conviction 
of  such  person  so  violating  the  section,  receive  one-half  of  the  fine 
prescribed. 

1909,  c.  801;  P.  L.  1911,  c.  616. 


2008.  Neuse  and  Trent  rivers:  Size  of  seine  bars  regulated.  If  any 
person  shall  use  any  drag  net  or  seine  with  bars  of  less  size  than  one  and 
a  quarter  inches  in  the  Neuse  and  Trent  rivers,  or  in  any  of  the  tributaries 
thereof,  except  for  the  purpose  of  catching  herring,  from  the  fifteenth  day 
of  January  to  the  fifteenth  day  of  May  of  each  year,  he  shall  be  guilty  of  a 
misdemeanor,  and  fined  not  less  than  five  nor  more  than  fifty  dollars  for 
every  offense.  This  section  shall  not  apply  to  the  waters  of  the  Neuse  and 
its  tributaries  above  the  Wayne  and  Johnston  County  line. 

Rev.,  s.  2454  ;  Code,  s.  3395  ;  1881,  c.  146,  ss.  1,  2. 


2009.  Neuse  River:  Obstructions  in,  by  dams,  nets,  etc.  Any  person 
who  shall  construct  a  dam,  put  in  traps,  dutch  net,  wire  seine,  or  anything 
else  in  Neuse  River  between  its  mouth  and  the  Palls  of  Neuse  in  Wake 
County,  for  the  purpose  of  obstructing  the  passage  of  fish  in  said  river, 
shall  be  guilty  of  a  misdemeanor  and  be  fined  not  exceeding  fifty  dollars 
or  imprisoned  not  exceeding  thirty  days:  Provided,  this  section  shall  not 
apply  to  seines,  set  nets,  running  or  skimming  nets:  Provided,  this  section 
shall  not  prevent  the  use  of  traps  in  Wayne  County,  where  the  trap  and 
its  wings  do  not  extend  more  than  one-third  across  the  stream. 

Rev.,  s.  2474;  Code,  s.  3422;  1885,  c.  391;  1893,  c.  354;  1883,  c.  301,  ss.  1,  2;  1895,  c.  403  ; 
1901,  c.  395. 


2010.  Neuse  River:  Certain  nets  regulated.  If  any  person  shall  use  or 
cause  to  be  used  any  dutch  net,  pound  net,  or  other  stationary  trap  net,  or 
seine  of  similar  description,  by  whatever  name  known,  in  the  waters  of 
Neuse  River  for  the  purpose  of  taking  fish  therefrom,  except  the  ordinary 
set  net  in  use  in  said  river  prior  to  the  first  day  of  January,  one  thousand 
eight  hundred  and  ninety-seven,  he  shall  for  each  day’s  use  thereof  as 
aforesaid  forfeit  and  pay  the  sum  of  fifty  dollars.  The  penalties  herein 
created  shall  be  recoverd  by  warrant  before  any  justice  of  the  peace  in  the 
counties  of  Carteret,  Craven  and  Pamlico  or  Lenoir,  and  shall  be  applied 
to  the  use  of  the  public  schools  of  said  counties,  and  such  offender,  in 
addition  to  the  penalties  contained  in  this  section,  shall  be  guilty  of  a  mis- 
*  demeanor  and  shall  be  fined  not  less  than  one  hundred  dollars  nor  more 
than  five  hundred  dollars,  or  imprisoned  in  the  county  jail  not  less  than 
six  months  nor  more  than  twelve  months:  Provided,  that  a  resident  and 
citizen  of  the  State  may  fish  with  dutch,  trap  or  pound  nets  in  the  waters 
of  Neuse  River  on  the  Pamlico  side  of  said  river  between  the  mouth  of 
said  river  and  Upper  Broad  Creek  not  more  than  five  hundred  yards  from 
the  shore. 


Rev.,  s.  2453  ;  Code,  s.  3397  ;  1897,  c.  145  ;  1899,  cc.  299,  422,  435  ;  1901,  c.  74  ;  1903  c  704  • 
1905,  c.  817. 


2011.  Pamlico  and  Tar  rivers:  Dutch,  etc.,  nets  prohibited.  If  any 

person  shall  set  down  or  fish  any  dutch,  pod,  fyke  or  pound  net  or  net  of 
like  kind  in  the  waters  of  Pamlico  or  Tar  rivers  or  their  tributaries  except 
in  the  manner,  and  in  the  part,  and  during  the  time,  which  such  nets  are 


49 


jN  ortii  Carolina  Fishing  Laws 


fis!led'  lle  slla11  be  guilty  of  a  misdemeanor,  and  shall 
slmll  !  T  than  fifty  dollars  nor  more  than  one  hundred  dollars,  and 

than  sixty  days°ned  m  ^  C°Unty  jail  ROt  leSS  than  thirty  and  not  more 

Rev.,  s.  2428  ;  Code,  s.  3417  ;  1903,  c.  52. 

2012  Pamlico  and  Tar  rivers:  Lay  days.  If  any  person,  from  the  fif- 
een  ay  o  ebruary  to  the  tenth  day  of  May  of  every  year,  from  twelve 
0  c  i°iC«  me11  ian  °f  Saturday  until  sunrise  Monday  morning  of  each  week, 
s  ia  fish  any  seine,  set  net,  drift  net,  or  any  other  net  of  any  name  or 
nnd  whatever,  in  the  waters  of  Pamlico  or  Tar  rivers  and  tributaries, 
except  bow  or  skim  nets,  he  shall  be  guilty  of  a  misdemeanor. 

Rev.,  s  2427  ;  Code,  s.  3416  ;  1883,  c.  137,  s.  3. 


-/Old.  I  anilico  River:  Dutch,  etc.,  nets  allowed  under  regulation.  It 
shall  be  lawful  to  fish  with  dutch,  pod,  fyke  or  other  pound  nets,  or  nets  of 
like  kind,  in  the  waters  of  Pamlico  River  below  a  line  beginning  on  the 
southern  shore  of  Pamlico  River  at  Maule’s  Point,  and  running  due  north 
to  a  point  on  the  northern  shore  of  said  river:  Provided,  that  no  dutch, 
pod,  fyke  or  pound  net,  or  other  net  of  like  kind,  shall  extend  out  in  said 
river  more  than  one-fourth  of  the  distance  across  said  river  from  the  shore, 
and  that  'none  of  said  dutch,  pod,  fyke  or  pound  nets  shall  be  set,  placed 
down  or  fished  nearer  to  each  other  than  five  hundred  yards,  measuring 
up  and  down  the  river;  nor  shall  they  be  placed,  set  down  or  fished  within 
five  hundred  yards  of  any  seine  beach  in  actual  use  for  hauling  a  seine, 
nor  within  one  mile  of  the  mouth  of  Bath  Creek:  Provided,  no  nets  of  the 
kind  enumerated  in  this  section,  or  other  nets  of  like  kind,  shall  be  placed 
down,  set  or  fished  in  said  rivers  between  the  tenth  day  of  May  and  the 
first  day  of  July  in  any  year.  Any  person  violating  the  provisions  of  this 
section  shall  be  guilty  of  a  misdemeanor,  and  shall  be  fined  not  less  than 
fifty  dollars  nor  more  than  one  hundred  dollars,  in  the  discretion  of  the 
court. 


Rev.,  s.  2429  ;  Code,  s.  3417  ;  1903,  c.  52  ;  1909,  c.  540,  s.  1  ;  1909,  c.  700. 


2014.  Perquimans  River:  Nets  in,  regulated.  If  any  person  shall  fish 
with  any  seine  or  set  any  dutch  net  or  hedge  within  one  mile  of  a  straight 
line  commencing  at  Stephenson’s  Point  on  the  north  side  of  Perquimans 
River  and  running  in  a  southwesterly  direction  to  the  nearest  point  of  land 
on  the  south  side  of  said  river  known  as  Belgrade  Bluff,  or  shall  haul  any 
seine  or  set  any  dutch  net  or  other  kind  of  net  so  as  to  extend  beyond  the 
middle  of  said  river  at  any  part  thereof,  he  shall  be  guilty  of  a  misde¬ 
meanor. 

Rev.,  s.  2441  ;  1893,  c.  147,  ss.  1,  2,  4. 

2015.  Roanoke  River:  Drift  nets  in,  regulated.  It  is  unlawful  to  fish 
any  drift  nets  in  the  Roanoke  River  over  twenty  yards  in  length,  and  no 
net  shall  drift  within  three  hundred  yards  of  another  net,  and  no  two  nets 
shall  drift  abreast  of  each  other.  Any  person  violating  the  provisions  of 

opptinn  shall  be  guilty  of  a  misdemeanor  and  fined  not  less  than  one 
hundred  dollars  or  imprisoned  in  the  discretion  of  the  court. 

1911,  c.  163,  s.  3. 

‘*016  S  cup  pern  on  g  River  and  Lake  Phelps:  Nets  in,  legulated.  It  is 

unlawful  for  any  person,  firm  or  corporation  to  set  01  in  any  mannei  fish 
with  more  than  one  hundred  yards  of  gill  nets  within  the  waters  of  Lake 
Phelns  or  Scuppernong  in  Tyrrell  and  Washington  counties,  or  to  set  or  in 
any  manner  fish  with  more  than  one  pound,  pod  or  dutch  net,  and  shall  be 

4 


50 


jSTorth  Carolina  Fishing  Laws 


restricted  to  the  months  of  February,  March  and  April  of  each  year.  Any 
person,  firm  or  corporation  violating  this  section  shall  be  guilty  of  a  mis¬ 
demeanor  and,  upon  conviction  thereof,  shall  be  fined  not  more  than  fifty 
dollars  or  imprisoned  not  more  than  thirty  days. 

1909,  c.  378  ;  1911,  c.  129. 

2017.  Scuppernong  River:  Nets  obstructing  channel  or  near  bridges.  If 

any  person  shall  set  any  kind  of  a  fish  weir  or  pod  net,  gill  net  or  net  of 
any  kind  in  the  Scuppernong  River,  using  more  than  one-half  of  the  chan¬ 
nel  of  said  river,  or  within  one  hundred  yards  of  the  public  bridges  at 
Columbia  and  the  Cross  Landing,  crossing  said  river,  he  shall  be  guilty  of 
a  misdemeanor  and  fined  a  sum  not  to  exceed  fifty  dollars,  or  imprisoned 
not  to  exceed  thirty  days:  Provided,  this  section  shall  not  apply  to  the 
hauling  of  seines. 

Rev.,  s.  2445  ;  Code,  s.  3408  ;  1885,  c.  18  ;  1903,  c.  91. 

2018.  Scuppernong  River  and  tributaries:  Obstructions  and  nets  in. 

It  shall  be  unlawful  for  any  person,  firm  or  corporation  to  set  or  fish  any 
net  or  place  any  other  obstruction  of  any  kind  within  one  hundred  and 
fifty  yards  of  the  mouth  of  any  creek  or  drainway  emptying  into  Scupper¬ 
nong  River;  or  for  any  person,  firm  or  corporation  to  set  or  fish  any  net  or 
place  any  obstruction  more  than  one-third  of  the  total  width  of  Scupper¬ 
nong  River  at  the  point  of  setting  the  same:  Provided,  this  section  shall 
not  apply  below  Cross  Landing  bridge.  Any  person,  firm  or  corporation 
violating  the  provisions  of  this  section  shall  be  guilty  of  a  misdemeanor. 

P.  L.  1919,  c.  88. 

2019.  Scuppernong  River:  Nets  near  Norfolk  and  Southern  Railroad 
bridge.  It  is  unlawful  for  any  person  to  fish  any  pound  or  dutch  nets 
within  fifty  yards  of  the  Norfolk  and  Southern  Railroad  bridge  across 
Scuppernong  River.  Any  person  violating  this  section  shall  be  guilty  of  a 
misdemeanor  and  punished  by  a  fine  of  not  more  than  one  hundred  dollars 
nor  less  than  twenty  five  dollars,  in  the  discretion  of  the  court. 

Ex.  Sess.  1908,  c.  82;  1909,  c.  119. 

2020.  Trent  River:  Use  of  nets  regulated.  If  any  person  shall  set  any 
trap,  dutch,  pound  or  pod  net  of  any  description  whatever  in  Trent  River, 
or  shall  at  any  time  extend  his  set  nets  more  than  one-third  the  distance 
across  the  Trent  River  from  either  side,  or  shall  set  any  net  nearer  to  any 
other  net  than  one  hundred  yards  either  on  the  same  or  on  the  opposite 
side  of  the  river,  or  shall  fish  with  seines  or  set  nets  of  any  description  in 
Trent  River  from  its  mouth  to  upper  Tucker  Bridge,  between  the  hours  of 
twelve  o’clock  noon  on  Saturday  and  twelve  o’clock  noon  on  Monday  of 
each  week,  or  shall  set  or  haul  a  net  or  seine  of  any  description  between 
che  town  of  Trenton  and  Brown’s  Mill  on  said  river  from  the  sixteenth  day 
of  May  to  the  first  day  of  August  in  each  year,  he  shall  be  guilty  of  a  mis¬ 
demeanor  and  shall  be  fined  not  less  than  five  dollars  nor  more  than  ten 
dollars  or  be  imprisoned  not  less  than  ten  nor  more  than  thirty  days. 

Rev.,  s.  2455  ;  Code,  s.  3397  ;  1893,  c.  447  ;  1897,  c.  294. 

Part  3.  Counties 

2021.  Counties  on  Pamlico  Sound:  Size  of  fish  caught  oi*  sold.  It  is 

unlawful  for  any  person  to  buy,  sell,  offer  for  sale,  or  to  have  in  his  pos¬ 
session  any  blue-fish,  trout  or  drum  under  eight  inches  in  length,  or  any 
mullet  under  six  inches  in  length,  or  any  croakers,  spots  and  hogfisli  under 
five  inches  in  length,  or  sea  mullet,  flounders,  mackerel  and  hickory  shad 
less  than  eight  inches  long,  or  butterfish  and  steerfish  less  than  four  and 


51 


Xorth  Carolina  Fishing  Laws 


one-half  inches  long,  at  any  time  during  the  year.  Any  person  or  persons 
violating  any  of  the  provisions  of  this  section  shall  be  guilty  of  a  misde¬ 
meanor  and,  upon  conviction,  shall  be  fined  not  less  than  ten  dollars  nor 
more  than  fifty  dollars.  This  section  shall  only  apply  to  the  counties  of 
Beaufort,  Carteret,  Dare,  Hyde  and  Pamlico. 

1909,  c.  474,  ss.  3,  4;  1909,  c.  906. 


2022.  Brunswick,  New  Hanover  and  Pender:  Size  of  bars  in  nets.  If 

any  person  shall  use  in  any  of  the  waters  of  Brunswick,  New  Hanover  and 
Pender  counties  any  nets,  seines,  set-downs,  fish  traps,  or  any  other  nets 
of  any  description  for  the  purpose  of  taking  fish,  the  bars  of  the  meshes  of 
which  nets,  seines,  set-downs  or  fish  traps  shall  be  less  than  one  and  one- 
eighth  inches  in  length,  he  shall  be  guilty  of  a  misdemeanor. 

Rev.,  s.  2470;  1885,  c.  226;  1887,  c.  71. 


2028.  Brunswick,  Cumberland,  New  Hanover,  Sampson  and  Harnett: 
Close  season  for  fish.  If  any  person  shall  catch  or  destroy  with  seines, 
nets,  firearms,  bows  and  arrows,  or  by  muddying  or  stirring  the  waters,  or 
by  striking  any  fish  of  any  kind  in  the  waters  of  Black  or  South  rivers,  or 
the  waters  of  Big  Coliarie,  Little  Coharie,  Bear  Skin  and  Big  swamps  in 
the  counties  of  New  Hanover,  Sampson,  Cumberland  and  Harnett,  and  of 
the  waters  of  Six  Runs  in  the  counties  of  New  Hanover  and  Sampson,  and 
of  the  waters  of  the  Cape  Pear  River  in  the  counties  of  New  Hanover  and 
Brunswick,  and  of  the  northeast  branch  of  the  Cape  Pear  River  in  the 
county  of  New  Hanover,  between  the  fifteenth  days  of  May  and  August  of 
each  year,  he  shall  be  guilty  of  a  misdemeanor,  and  fined  not  to  exceed 
five  dollars. 

Rev.,  s.  2472;  Code,  s.  3409;  1889,  c.  414;  1871-2,  c.  152;  1879,  c.  283;  1881,  c.  369. 


2024.  New  Hanover,  Onslow  and  Pender:  Purse  nets  and  seines  for 
food  fish.  It  is  unlawful  for  any  person,  firm  or  corporation  to  catch  any 
food  fish  in  a  purse  seine  or  purse  net  in  any  waters  within  the  limits  of 
New  Hanover,  Onslow  and  Pender  counties,  extending  to  the  extreme  limits 
of  the  State’s' jurisdiction  in  and  over  such  waters,  making  the  boundaries 
of  said  counties  to  which  said  waters  shall  extend  to  be  the  distance  of 
three  nautical  miles,  measured  from  the  outer  beach  or  shores  of  said 
counties  out  into  the  waters  of  the  Atlantic  Ocean.  Any  waters  within  a 
distance  of  three  miles  of  any  beach  or  shore  of  said  counties  shall  be 
deemed  the  waters  of  said  counties  for  the  purpose  of  this  section.  It  is 
unlawful  for  any  person,  firm  or  corporation  to  purchase,  tiade  foi,  01 
deal  in  or  sell  any  food  fish  caught  as  is  set  forth  above.  Any  peison, 
firm  corporation,  partnership  or  association  who  knowingly  rents,  leases 
or  permits  to  be  used  any  purse  seine  or  purse  net,  rents  or  leases  any 
vessel,  boat  or  steamer  upon  which  is  used  a  purse  seine  or  purse  net  in  the 
catching  of  food  fish  in  the  waters  of  said  counties  shall  be  guilty  of  a 
misdemeanor  Any  person  who  furnishes  information  upon  which  any 
person  firm  or  corporation  shall  he  convicted  of  a  violation  of  any  of  the 
provisions  of  this  section  shall  be  entitled  to  one-half  of  the  fine  imposed 

therefor. 

P.  L.  1913,  c.  717. 

•>(>•>5  Beaufort:  Nets  regulated  in  certain  creeks.  It  is  unlawful  for 
"  person  or  persons  to  use  or  fish  with  any  drag  nets,  purse  nets,  drop 
®PfTp  nets  thrash  nets  or  any  set  or  gill  nets  longer  than  thirty  yards 

on  top  line  in ’the  waters  of  Bath  Creek,  Blount's  Creek  Jordan's  Creek, 
on  top  fine,  Creek  0r  their  tributaries,  in  Beaufort  County, 

during  toe' tnYhs'of  MarcT  April,  May,  June  and  July  o,  each  and  every 


52 


North  Carolina  Fishing  Laws 


year.  Any  person  or  persons  violating  the  provisions  of  this  section  shall 
be  guilty  of  a  misdemeanor  and,  upon  conviction,  fined  not  exceeding  fifty 
dollars  or  imprisoned  not  more  than  thirty  days  for  each  offense. 

1909,  c.  586. 

2026.  Beaufort:  Fishing  by  residents  in  Bath  Creek.  It  is  lawful  for 
any  person  or  persons  who  are  resident  citizens  of  Beaufort  County  to  fish 
with  any  kind  of  nets^  except  pound  nets  or  purse  nets,  in  the  waters  of 
Bath  Creek  from  Bath  Creek  bridge  to  the  mouth  of  said  creek. 

P.  L.  1911,  c.  547. 

2027.  Beaufort:  Certain  nets  in  Blount’s  Creek.  It  is  unlawful  for 
any  person  or  persons  to  use  or  fish  with  any  drag  net  or  slash  net  in  the 
waters  of  Blount’s  Creek  or  its  tributaries.  Any  person  or  persons  vio¬ 
lating  the  provisions  of  this  section  shall  be  guilty  of  a  misdemeanor  and. 
upon  conviction,  shall  be  fined  not  exceeding  fifty  dollars  or  imprisoned 
not  exceeding  thirty  days  for  each  offense. 

P.  L.  1911,  c.  120. 

2028.  Beaufort:  Certain  nets  in  Durham  and  Lee’s  creeks.  It  is  un¬ 
lawful  for  any  person  to  catch  fish  with  seine,  drag  nets,  purse  nets,  thrash 
nets  or  hauling  nets  of  any  description  in  the  waters  of  Durham  Creek, 
Lee’s  Creek,  or  their  tributaries,  in  Beaufort  County.  Any  person  vio¬ 
lating  this  section  shall  be  deemed  guilty  of  a  misdemeanor  and,  on  con¬ 
viction,  shall  be  fined  not  less  than  five  nor  more  than  ten  dollars  for  each 
and  every  offense. 

1907,  c.  439. 

2029.  Beaufort:  Certain  nets  in  Nixon’s  Creek.  It  is  unlawful  for  any 
person  or  persons  to  use  or  fish  with  any  drag  nets,  purse  nets,  or  pound 
nets  in  the  waters  of  Nixon’s  Creek  in  Beaufort  County.  Any  person  or 
persons  violating  the  provisions  of  this  section  shall  be  guilty  of  a  mis¬ 
demeanor  and,  upon  conviction,  fined  not  exceeding  thirty  dollars  or  im¬ 
prisoned  not  more  than  twenty  days  for  each  offense. 

P.  L.  1911,  c.  525. 

2030.  — Beaufort:  Certain  nets  in  North  Creek.  It  is  unlawful  for  any 
person  or  persons  to  use  or  fish  with  any  drag  nets,  purse  nets,  drop  nets 
or  fyke  nets  in  the  waters  of  North  Creek  and  its  tributaries,  and  South 
Creek  and  its  tributaries,  in  Beaufort  County.  Any  person  or  persons 
violating  the  provisions  of  this  section  shall  be  guilty  of  a  misdemeanor 
and  fined  not  exceeding  fifty  dollars  or  imprisoned  not  more  than  thirty 
days  for  each  offense. 

1907,  c.  629;  P.  L.  L.  1921,  c.  493. 

2031.  Bladen:  Manner  of  fishing  in  Brown  Marsh  and  Horseshoe 
swamps.  It  is  unlawful  for  any  person  to  fish  with  a  seine  or  by  muddy¬ 
ing  the  water  or  by  means  of  any  lime,  dynamite  or  any  other  such  ma¬ 
terial  or  substance  in  Brown  Marsh  and  Horseshoe  swamps  in  Bladen 
County.  Any  person  violating  this  section  shall  be  guilty  of  a  misde¬ 
meanor,  and  upon  conviction  shall  be  fined  not  more  than  fifty  dollars  or 
imprisoned  for  thirty  days.  This  section  shall  apply  only  to  Brown  Marsh 
Township  in  Bladen  County. 

P.  L.  1915,  c.  187. 

2032.  Bladen:  White  Lake;  hook  and  line  only.  It  is  unlawful  to 

catch,  kill  or  destroy  fish  in  White  Lake,  in  Bladen  County,  by  means  of 
nets,  traps,  by  gigging,  by  shooting,  or  by  any  other  means  or  methods, 
except  by  hook  and  line:  Provided,  that  set  hooks,  bobs  and  trolls  shall 


orth  Carolina  Fishing  Laws  53 

!lCrn^aed  aStbeing  h°0kS  and  Unes'  Any  Person  violating  the  provi- 
° ,hlf  sectlon  shall  be  guilty  of  a  misdemeanor  and  fined  not  exceed- 
mg  fifty  dollars  or  imprisoned  not  exceeding  thirty  days. 

P.  L.  1913,  c.  295. 


2033.  Brunswick :  Mullet  fishing;  purse  nets.  If  any  person,  firm  or 
coiporation  shall  fish  for  and  catch  any  mullets  with  any  purse  seine  or 
puise  net  in  the  waters  within  the  limits  of  Brunswick  County,  extending 
to  the  extreme  limits  of  the  State’s  jurisdiction  in  and  over  said  waters — 
and  for  the  purpose  of  this  section  any  portion  of  any  water  within  a  dis¬ 
tance  of  three  nautical  miles  from  the  outer  shores  of  said  county  shall  be 
deemed  the  waters  of  said  county — or  if  the  master  or  any  employe  on 
any  steamboat  engaged  in  fishing  for  menhaden  or  fatbacks  shall  discharge 
fiom  said  boat  fish  offal,  blood  or  slime  within  a  distance  of  one-half  mile 
of  any  established  mullet  fishery  on  the  Brunswick  County  coast  between 
the  first  of  August  and  the  thirty-first  of  December  of  each  year,  he  shall 
be  guilty  of  a  misdemeanor  and,  upon  conviction,  shall  be  fined  or  impris¬ 
oned  at  the  discretion  of  the  court.  For  the  purposes  of  this  section  an 
established  fishery  is  declared  to  be  that  point  on  the  beach  occupied  by 
the  surfboat  and  seine  in  regular  use. 

Rev.,  s.  2481  ;  1905,  c.  748. 


2034.  Brunswick:  Nonresidents  must  have  license.  It  is  unlawful  for 
any  nonresident  of  this  State  to  engage  in  the  business  of  gathering  oys¬ 
ters,  clams  and  terrapins  for  gain,  or  for  market,  within  the  limits  of 
Brunswick  County  without  first  obtaining  from  the  County  Commissioners 
of  said  county  a  license  to  carry  on  such  business,  which  license  may  be 
granted  by  the  County  Commissioners  of  said  county  upon  paying  to  the 
treasurer  of  said  county,  to  be  used  for  county  purposes,  the  sum  of  fifty 
dollars  for  each  nonresident  engaged  in  such  business,  and  twenty-five 
dollars  for  each  nonresident  hand  employed:  Provided,  that  such  license 
so  granted  shall  be  for  one  year  and  shall  expire  on  the  first  day  of  October 
of  each  year.  Any  person  or  persons  violating  the  provisions  of  this  sec¬ 
tion  shall  be  guilty  of  a  misdemeanor. 

1907,  c.  68. 


2035.  Carteret:  Cedar  Island  Township;  hauling  nets  with  power.  It 
is  unlawful  for  any  person  or  persons,  firm  or  corporation  to  pull  any  haul 
net  within  the  waters  of  Cedar  Island  Township,  Carteret  County,  with 
steam,  gasoline,  or  any  other  motor  power.  Any  person  or  persons,  firm 
or  corporation  violating  the  provisions  of  this  section  shall  be  guilty  of  a 
misdemeanor  and  be  fined  or  imprisoned,  or  both,  in  the  discretion  of  the 

court. 


1915,  c.  281. 

203(>.  Carteret:  Use  of  dutch  nets.  If  any  person  shall  use  or  cause 
to  be  used  any  dutch  net,  pound  net  or  other  stationary  trap  net  or  seine 
of  similar  description,  by  whatever  name  known,  in  the  waters  of  Carteret 
County  for  the  purpose  of  taking  fish  therefrom,  he  shall  for  each  day's 
use  thereof  forfeit  and  pay  the  sum  of  fifty  dollars.  The  penalties  herein 
created  shall  be  recovered  by  a  warrant  before  any  justice  of  the  peace  in 
the  county  of  Carteret,  and  shall  be  applied  to  the  use  of  the  public 
schools  of  said  county;  and  such  offender,  in  addition  to  the  penalties  con¬ 
tained  in  this  section,  shall  be  guilty  of  a  misdemeanor  and  fined  not  less 
San  one  hundred  dollars  nor  more  than  five  hundred  dollars  or  impris¬ 
oned  in  the  county  jail  not  less  than  six  months  nor  more  than  twelve 


54 


North  Carolina  Fishing  Laws 


months:  Provided,  this  section  shall  not  apply  to  the  ordinary  set  nets 
heretofore  in  use  in  the  waters  of  said  county. 

Rev.,  s.  2435  ;  Code,  s.  3420  ;  1883,  c.  199. 

2037.  Carteret:  Size  of  seine  mesh.  If  any  person  shall  catch  mullets 
in  the  waters  of  Carteret  County  with  a  seine  or  net  having  a  mesh  of  less 
than  one  and  one-eighth  inches,  he  shall  be  guilty  of  a  misdemeanor  and 

fined  not  more  than  fifty  dollars  or  imprisoned  not  more  than  thirty  days. 

« 

Rev.,  s.  2434;  1895,  c.  25;  1903,  c.  508. 

2038.  Carteret:  Length  of  nets;  joining  together.  It  is  unlawful  for 
any  person,  firm,  corporation  or  syndicate  to  fish  any  net  or  seine  in  the 
waters  of  the  State  of  North  Carolina  within  the  boundaries  of  Carteret 
County  more  than  two  hundred  and  seventy-five  yards  in  length:  Pro¬ 
vided,  this  length  shall  not  apply  to  purse  seines  used  for  the  purpose  of 
catching  menhaden  (fatbacks)  only.  Any  person,  firm,  corporation  or 
syndicate  violating  this  section  shall  be  guilty  of  a  misdemeanor  and, 
upon  conviction,  shall  be  fined  not  more  than  fifty  dollars  or  be  impris¬ 
oned  not  more  than  thirty  days,  in  the  discretion  of  the  court.  Each  day 
said  nets  or  seines  are  fished  shall  constitute  a  separate  offense  under  this 
section. 

1911,  c.  130,  s.  1. 

2039.  Carteret:  Joining  nets  together.  When  a  condition  arises  that 
a  crew  of  fishermen  find  it  advantageous  to  join  two  or  three  nets  together 
for  the  purpose  of  temporary  fishing,  it  shall  be  lawful  under  this  section 
to  do  so  under  the  following  rules  and  regulations,  namely:  Provided, 
(a)  The  total  length  of  nets  joined  together  shall  not  exceed  eight  hundred 
and  twenty-five  yards.  (b)  That  not  more  than  one  of  the  nets,  whose 
length  shall  not  exceed  two  hundred  and  seventy-five  yards,  as  provided  in 
the  preceding  section,  shall  be  owned  by  any  one  person,  firm,  corporation 
or  syndicate  thus  fishing.  (c)  That  not  less  than  two  men  shall  be  per¬ 
mitted  to  fish  with  each  net  thus  joined  together.  (d)  That  no  position 
or  haul  shall  be  held  by  anchoring  boat  (except  when  occupied  by  men 
fishing  same),  buoys,  stakes,  or  any  other  device.  (e)  That  no  seines  or 
nets  shall  be  hauled  by  capstans.  (f)  That  no  nets  of  smaller  mesh  than 
one  and  three-eighths  inches  bar  or  two  and  six-eighths  inches  stretched 
measure  shall  be  joined  together  for  the  purpose  of  fishing  under  this 
section.  (g)  That  each  net  thus  joined  shall  have  two  staffs.  Any  person 
violating  any  of  the  provisions  of  this  section  shall  be  guilty  of  a  misde¬ 
meanor  and,  upon  conviction,  shall  be  fined  not  less  than  two  hundred 
dollars  or  imprisoned  not  less  than  six  months. 

This  section  applies  only  to  the  waters  of  the  State  within  the  bound¬ 
aries  of  Carteret  County,  and  within  such  waters  it  does  not  authorize  the 
fishing  of  nets  joined  as  specified  at  any  stationary  fishery,  or  where  the 
said  waters  are  of  less  width  than  one  and  one-fourth  miles. 

1911,  c.  130,  s.  2. 

2040.  Carteret:  Obstructions  to  fish  prohibited.  If  any  person  shall 
obstruct  any  navigable  water  or  passageway  for  fish  in  Carteret  County  by 
placing  bushes,  posts  or  any  stationary  material  or  fixtures  in  such  a  man¬ 
ner1  as  to  prevent  the  free  passage  of  fish,  he  shall  be  guilty  of  a  misde¬ 
meanor  and  fined  not  less  than  one  hundred  dollars.  Nothing  in  this 
section  shall  be  construed  to  prohibit  any  person  from  using  a  lawful  net 
or  seine  in  any  way  or  manner  except  as  a  stop  net  or  seine.  This  section 
shall  not  apply  to  any  net  that  the  fish  can  pass  freely  by  one  end. 

Rev.,  s.  2436  ;  1903,  c.  520. 


^orth  Carolina  Fishing  Laws 


npt“  f  ’  Tai‘  eret: J  ound  nets  in  ^euse  River.  It  is  lawful  to  fish  pound 

that  nnrr  ^  lst  to  May  fifteenth  of  each  year  within  the  waters  of 

•  ,  f  °f  0  Carteret  County  with  a  line  beginning  at  the  northwest 
po  nt  of  Outward  Swan  Island,  running  a  due  north  course;  from  such  line 
running  up  the  Neuse  River  to  the  spar  buoy  at  the  entrance  of  Adams’ 

y’eef/  L  rovided>  tllat  not  more  than  five  nets  shall  be  set  in  any  one 
s  and:  Provided  further,  that  not  more  than  one-fourth  of  the  river  in 
wi  1 1  shall  be  used  for  the  purpose  of  fishing  under  this  section.  Any 
person,  firm,  corporation  or  syndicate  fishing  with  pound  nets  in  the 
wateis  of  Carteret  County  at  any  other  time  except  as  prescribed  in  this 
section  shall  be  guilty  of  a  misdemeanor  and,  upon  conviction,  shall  be 
fined  not  less  than  two  hundred  dollars  or  imprisoned  not  less  than  six 
months,  in  the  discretion  of  the  court.  It  is  expressly  enacted  that  every 
day  such  fishing  is  done  in  violation  of  this  section  shall  constitute  a  sep¬ 
arate  offense. 

1911,  c.  128. 


2042.  (  arteret:  1*111*86  nets  for  mullet  prohibited.  If  any  person  shall 

fish  for  or  catch  any  mullets  with  any  purse  seine  or  purse  net  in  any 
waters  within  the  limits  of  Carteret  County,  extending  to  the  extreme 
limits  of  the  State’s  jurisdiction  in  and  over  such  waters,  he  shall  be 
guilty  of  a  misdemeanor  and  be  fined  not  less  than  five  hundred  dollars  or 
imprisoned  not  less  than  one  year.  For  the  purposes  of  this  section  the 
following  boundaries  are  hereby  declared  to  be  the  boundaries  to  which 
the  waters  of  said  county  extend,  to  wit:  A  distance  of  three  nautical  miles, 
measured  from  the  outer  beach  or  shores  of  Carteret  County  out  and  into 
the  waters  of  the  Atlantic  Ocean;  and  any  portions  of  any  water  within  a 
distance  of  three  miles  from  said  waters  of  the  Atlantic  Ocean  to  any 
beach  or  shore  of  said  county  shall  be  deemed  the  waters  of  said  county 
for  the  purposes  of  this  section. 

Rev.,  s.  2437  ;  1903,  c.  583  ;  1905,  cc.  274,  508. 


2043.  Carteret  and  Onslow:  Purse  nets  prohibited  for  food  fish.  It  is 
unlawful  for  any  person,  firm  or  corporation  to  catch  any  food  fish  in  a 
purse  seine  or  purse  net  in  any  waters  within  the  limits  of  Carteret  and 
Onslow  counties  extending  to  the  extreme  limits  of  the  State’s  jurisdiction 
in  and  over  such  waters,  making  the  boundaries  of  said  county  to  which 
said  waters  shall  extend  to  be  the  distance  of  three  nautical  miles,  meas¬ 
ured  from  the  outer  beach  or  shores  of  Carteret  and  Onslow  counties  out 
into  the  waters  of  the  Atlantic  Ocean.  Any  waters  within  a  distance  of 
three  miles  of  any  beach  or  shore  of  said  counties  shall  be  deemed  the 
waters  of  said  county  for  the  purposes  of  this  section.  It  is  unlawful  for 
person,  firm  or  corporation  to  pui chase,  buv  01  tiade  foi,  01  deal  in, 
or  sell  any*  food  fish  caught  as  is  set  forth  in  this  section.  Any  person, 
firm  or  corporation  violating  any  provision  of  this  section  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall  be  fined  not  less  than  three  hundred 
dollars  nor  more  than  five  hundred  dollars,  or  imprisoned,  in  the  discre¬ 
tion  of  the  court.  Any  person  who  shall  furnish  information  upon  which 
any  person,  firm  or  corporation  shall  be  convicted  of  a  violation  of  any  of 
the  provisions  of  this  section  shall  lie  entitled  to  one-half  of  the  fine  im¬ 
posed  therefor. 

1907,  c.  857  ;  1911,  cc.  126,  204. 

•>044  Chatham:  Fishways  in  Haw  River.  All  persons  maintaining 
dams  across  Haw  River  in  the  county  of  Chatham  shall,  upon  thirty  days 
notice  from  the  Board  of  Commissioners  of  said  county,  establish  fishways 


56 


Xorth  Carolina  Fishing  Laws 


in  said  dams;  and  if  said  fishways  shall  not  be  made  within  three  months 
from  the  service  of  the  notice,  said  persons  so  offending  shall  be  guilty  of 
a  misdemeanor  and  fined  at  the  discretion  of  the  court. 

Rev.,  s.  2476  ;  Code,  s.  3402  ;  1881,  c.  343,  ss.  1,  2. 

2045.  Clay:  Fishing  regulated.  It  is  unlawful  for  any  person  or  per¬ 
sons  to  fish  the  waters  of  Clay  County  in  any  other  manner  than  hook  and 
line.  Any  violator  of  this  section  shall  be  guilty  of  a  misdemeanor  and 
fined  not  less  than  twenty-five  dollars  or  imprisoned  not  less  than  thirty 

days. 

P.  L.  1919,  c.  407. 

2040.  Columbus:  Lumber  River;  fishing  regulated.  It  is  unlawful  for 

any  person,  firm  or  corporation  to  fish  with  seine,  traps,  gigging,  striking 
or  dynamiting,  by  shooting  with  gun  or  rifle  in  Lumber  River  or  its  tribu¬ 
taries  in  Columbus  County:  Provided,  this  section  shall  not  apply  to  any 
person  fishing  on  his  own  lands  or  those  who  may  have  written  consent  of 
the  owner  of  the  land  where  fishing.  It  is  unlawful  for  any  person,  firm 
or  corporation  to  fish  with  gill  net  in  Lumber  River  or  its  tributaries  in 
Columbus  County,  except  during  the  months  of  October,  November,  De¬ 
cember,  January  and  February.  Any  person  violating  this  section  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  fined  not  more  than 
fifty  dollars  nor  less  than  ten  dollars,  one-half  to  go  to  the  informant,  or 
imprisoned  not  more  than  thirty  days  nor  less  than  ten  days  in  jail,  with 
authority  to  the  County  Commissioners  of  Columbus  County  to  hire  out 
such  convict. 

P.  L.  1913,  c.  740. 

2047.  Columbus:  Trails  and  nets  in  Porter  Swamp.  It  is  unlawful  for 
any  person  or  persons  to  set  any  fish  traps  or  nets  in  the  waters  of  Porter 
Swamp  in  Columbus  County  in  such  manner  as  to  prevent  the  free  passage 
of  fish.  Any  person  violating  the  provisions  of  this  section  shall  be  guilty 
of  a  misdemeanor  and  shall  be  fined  not  less  than  ten  dollars  nor  more 
than  twenty-five  dollars,  or  imprisoned  not  less  than  ten  days  nor  more 
than  thirty  days  for  each  offense. 

P.  L.  1911,  c.  748. 

2048.  Currituck  County:  Fishing  in  Atlantic  Township.  It  is  unlaw¬ 
ful  for  any  person  or  persons  to  catch  fish  with  seine  or  set  net,  or  nets  of 
any  kind,  in  the  waters  of  Atlantic  Township  between  the  fifteenth  day  of 
April  and  the  twentieth  day  of  October  in  each  year,  within  the  following 
boundaries  in  said  township:  Beginning  at  a  cedar  stump  standing  on 
the  beach  north  of  Caffie’s  Inlet  Life-saving  Station  and  extending  a  west 
course  five  hundred  yards  from  the  shore;  thence  paralleling  the  shore  a 
southerly  course  to  the  Dare  County  line.  It  is  unlawful  to  set  any 
pound  or  dutch  nets  in  the  waters  of  said  township.  Nothing  herein  shall 
prevent  the  catching  or  selling  of  twenty-five  pounds  of  fish  on  any  one 
day  for  home  consumption;  nor  prevent  the  catching  of  eels,  mullets  and 
herrings  at  any  time  during  each  year;  nor  prohibit  fishing  at  night.  Any 
person  violating  the  provisions  of  this  section  or  any  part  thereof  shall 
be  guilty  of  a  misdemeanor  for  each  and  every  offense  and,  upon  convic¬ 
tion,  shall  be  fined  not  more  than  fifty  dollars  nor  less  than  twenty  dollars 
or  imprisoned  not  more  than  thirty  days. 

1909,  c.  619. 

2049.  Currituck  County:  Dutch  nets  in  Currituck  Sound.  If  any  firm, 

company  or  corporation  shall  operate  or  cause  to  be  operated  in  the 
waters  of  Currituck  County,  or  be  interested  in  any  manner  whatsoever  in 


27orth  Carolina  Fishing  Laws 


57 


more  than  six  pound  or  dutch  nets,  or  use  more  than  one  hundred  yards  of 
hedging  to  a  net,  or  set  a  stand  of  such  nets  exceeding  eight  hundred  yards 
in  length  from  land  to  the  extreme  outward  end;  or  if  any  person  shall  set 
any  pound  or  dutch  nets  to  the  east  of  the  center  of  Currituck  Sound, 
except  that  part  from  the  west  point  of  Mackey’s  Island  north  of  the  Vir¬ 
ginia  line;  or  if  any  person  shall  leave  any  landing  or  anchorage  before 
sunrise  for  the  purpose  of  fishing  in  Currituck  Sound  or  tributaries,  or 
shall  continue  to  fish  after  dark,  he  shall  be  guilty  of  a  misdemeanor  and 
be  fined  not  less  than  twenty-five  nor  more  than  fifty  dollars.  This  sec¬ 
tion  shall  not  prohibit  fishing  after  dark  in  that  part  of  said  sound  west 
of  a  line  beginning  at  the  north  point  of  Bell’s  Island,  thence  north  not 
more  than  one  thousand  yards  from  the  mainland  to  the  mouth  or  entrance 
of  Tull’s  Creek,  nor  night  fishing  between  the  thirty-first  day  of  March  and 
the  twentieth  day  of  October  five  hundred  yards  from  the  shore  from 
Martin’s  Point  to  Kitty  Hawk  Bay. 

Rev.,  s.  2430;  1905,  c.  273,  ss.  3-7. 


2050.  Currituck  County:  Shipping  or  selling  fish.  If  any  person  shall 
catch  or  capture  any  fish  with  nets  or  other  appliances  in  the  waters  of 
Currituck  County  between  the  fifteenth  day  of  April  and  the  twentieth 
day  of  October  of  each  year,  or  shall  sell  or  ship  out  of  the  county  or  State 
any  fresh  fish  between  said  dates;  or  if  any  person  shall  be  found  with 
more  than  twenty-five  pounds  of  freshwater  fish  in  his  possession  between 
the  thirty-first  day  of  March  and  the  twentieth  day  of  October  of  each  year, 
herrings,  mullets,  shad  and  eels  excepted;  or  if  any  person  shall  in  said 
county  catch  eels  for  market  between  the  thirtieth  day  of  April  and  the 
twentieth  day  of  September  following  in  each  year,  he  shall  be  guilty  of  a 
misdemeanor  and  be  fined  not  more  than  fifty  dollars  and  not  less  than 
twenty-five  dollars.  Any  citizen  may  catch  not  to  exceed  twenty-five 
pounds  at  any  time  for  home  consumption,  and  sell  or  give  not  more  than 
ten  pounds  to  any  one  person  in  one  day. 

Rev.,  s.  2431  ;  1905,  c.  273,  s.  1  ;  1907,  c.  520. 


2051.  Currituck  County:  Right  of  search.  If  any  constable,  game 
warden  or  justice  of  the  peace  of  Currituck  County  shall  be  informed,  or 
have  cause  to  suspect,  that  either  of  the  two  preceding  sections  is  being 
violated,  he  is  hereby  authorized  and  empowered  to  examine  the  contents  of 
gny  fishing  boat,  or  packages  in  transit,  and  any  person  or  common  carrier 
refusing  to  exhibit  the  contents  of  any  fishing  boat  01  package  to  such 
officer  shall  be  guilty  of  a  misdemeanor,  and  shall  be  fined  not  less  than 
twenty-five  and  not  more  than  fifty  dollars. 

Rev.,  s.  2432;  1905,  c.  273,  ss.  2,  7. 

2052.  Dare:  Dutch  and  pound  nets  prohibited.  It  is  unlawful  for  any 
person,  firm  or  corporation  to  set  any  dutch  or  pound  net  within  the  space 
or  area  of  water  bounded  and  described  as  follows:  Beginning  at  Hollo- 
well’s  Wharf,  at  Nags  Head,  and  running  thence  a  due  west  course  to  the 
channel  in  Roanoke  Sound;  thence  northwest  to  the  Currituck  Count\ 
line-  thence  with  said  Currituck  County  line  to  the  shore. 

Any  person  violating  this  section  shall  be  guilty  of  a  misdemeanor  and, 
upon  conviction,  shall  be  fined  fifty  dollars  or  imprisoned  thirty  days,  in 

the  discretion  of  the  court. 


1913,  c.  113. 


2053.  Dare:  Fishing  in  Kitty  Han*  Bay  regulated.  If  any  person 
shall  take  catch  or  capture  any  flsli  with  nets  or  other  appliances  in  that 
part  of  the  waters  of  Kitty  Hawk  Bay  and  its  tributaries  lying  in  Dare 


58 


North  Carolina  Fishing  Laws 


County,  between  the  thirtieth  day  of  April  and  the  fifteenth  day  of  October 
of  each  year,  or  shall  sell  or  ship  out  of  the  county  any  chub  or  perch 
between  said  dates,  he  shall  be  guilty  of  a  misdemeanor  and  fined  not 
more  than  fifty  dollars  or  imprisoned  not  more  than  thirty  days.  Nothing 
in  this  section  shall  prevent  any  citizen  from  catching  fish  at  any  time  for 
home  consumption. 

Rev.,  s.  2484  ;  1905,  c.  363. 

2054.  Greene:  Size  of  mesh;  fishing  on  another’s  land.  It  is  unlawful 
for  any  person  or  persons  to  fish  with  or  set  any  nets  with  less  meshes 
than  one  and  one-fourth  inches  square.  No  person  or  persons  shall  fish 
with  nets  of  any  kind  on  another  person’s  land  without  first  getting  per¬ 
mission  from  the  owner  of  the  lands  to  do  so,  except  in  navigable  streams, 
as  rivers  or  large  creeks.  Any  person  or  persons  violating  this  section 
shall  be  guilty  of  a  misdemeanor  and,  upon  conviction  thereof,  shall  pay 
a  fine  of  not  less  than  five  dollars  nor  more  than  twenty  dollars  for  each 
offense.  This  section  shall  apply  to  Greene  County  only. 

P.  L.  1915,  c.  494. 

2055.  Hertford  and  Northampton:  Fish  in  Potecasi  Creek  protected. 
It  is  unlawful  for  any  person  to  use,  set  or  in  any  manner  to  fish  with  any 
fish  trap,  fyke  net,  seine  or  drag  net  in  the  waters  of  Potecasi  Creek,  in 
Hertford  and  Northampton  counties,  from  its  mouth  to  the  Creeksville 
Mill,  in  Northampton  County.  Any  person  violating  this  section  shall  be 
guilty  of  a  misdemeanor  and,  upon  conviction  thereof,  shall  be  fined  not 
more  than  fifty  dollars  or  imprisoned  not  more  than  thirty  days. 

1909,  c.  662. 

2050.  Hyde:  Pound  and  dutch  nets  prohibited.  It  is  unlawful  for  any 
person  to  set  or  use  any  pound  or  dutch  net  south  of  the  dividing  line 
between  Dare  and  Hyde  counties  on  the  west  side  of  Pamlico  Sound  along 
the  shores  of  Hyde  County,  more  than  two  thousand  yards  from  a  line 
drawn  from  point  to  point  along  said  shore.  Any  person  violating  this 
section  shall  be  deemed  guilty  of  a  misdemeanor  and,  upon  conviction, 
shall  remove  said  nets  at  once:  Provided,  that  any  person  failing  to  re¬ 
move  said  nets  after  conviction  shall  be  subject  to  a  fine  of  not  less  than 
ten  nor  more  than  fifty  dollars. 

1915,  c.  59. 

2057.  Hyde:  Drag  nets  prohibited  in  Rose  Bay.  It  is  unlawful  for 

any  person  to  use  or  take  fish  from  the  waters  of  Rose  Bay,  or  any  of  its 
tributaries,  in  Hyde  County,  with  drag  nets  or  drop  nets.  Any  person 
violating  this  section  shall  be  guilty  of  a  misdemeanor  and  fined  not  less 
than  twenty-five  dollars  nor  more  than  fifty  dollars. 

P.  L.  Ex.  Sess.  1913,  c.  264;  P.  L.  1915,  c.  349. 

2058.  Hyde:  Drag  nets  prohibited  in  Slade’s  River  and  Fortescue 
Creek.  The  name  of  Slade’s  Creek  in  Hyde  County  is  hereby  changed  to 
Slade’s  River,  and  by  such  name  the  said  watercourse  shall  in  future  be 
designated  in  all  official  maps,  records,  laws  and  other  official  documents 
authorized  by  the  State  of  North  Carolina.  Fishing  with  drag  nets  is 
prohibited  in  said  river  and  tributaries  and  in  the  waters  of  Fortescue’s 
Creek,  in  said  county.  Any  violation  of  the  provisions  of  this  section 
relating  to  the  manner  of  fishing  shall  be  a  misdemeanor,  and  shall  be 
punished  by  a  fine  not  exceeding  fifty  dollars  or  imprisonment  not  exceed¬ 
ing  thirty  days,  in  the  discretion  of  the  court. 

1909,  c.  520. 


59 


-North  Carolina  Fishing  Laws 


205f).  Hyde:  Slade’s  River;  nets  in.  The  mouth  of  Slade’s  River,  in 
y  6  ounty,  is  hereby  fixed  and  located  by  running  a  straight  line  from 
qui  as  Point  on  Pungo  River  to  Sandy  Point  on  said  Pungo  River.  It  is 
unlawful  for  any  person,  firm  or  corporation  to  set,  fish,  or  use  any  kind 
o  net  except  stake  gill  nets  on  the  east  of  said  line.  Any  one  violating 
the  piovisions  of  this  section  shall  be  guilty  of  a  misdemeanor  and,  upon 
conviction,  shall  be  fined  not  less  than  twenty-five  dollars  nor  more  than 

fifty  dollais,  or  imprisoned  not  more  than  thirty  days,  in  the  discretion  of 
the  court. 


1911,  c.  59. 

2060.  New  Hanover:  Certain  handnets  allowed.  Handnets  of  not  less 
than  one  and  one-eighth  inch  bar  mesh  may  be  used  in  New  Hanover 
County,  and  no  order  shall  be  made  by  the  Fisheries  Commission  deroga¬ 
tory  of  this  section. 

1917,  c.  290,  s.  5. 


2061.  New  Hanover:  Nets  in  Masonboro  and  Myrtle  Grove  sounds. 

If  any  person  shall  use  any  fyke  nets  or  set-down  seines,  or  place  any  fish 
trap  for  the  purpose  of  catching  fish  in  the  waters  of  Masonboro  and 
Myrtle  Grove  sounds  in  New  Hanover  County,  he  shall  be  guilty  of  a  mis¬ 
demeanor  and  fined  not  more  than  fifty  dollars  or  imprisoned  not  more 
than  twenty  days. 

Rev.,  s.  2425;  Code,  s.  3421;  1883,  c.  288,  ss.  1,  2. 

2062.  New  Hanover:  Seines  in  Atlantic  Ocean.  It  is  unlawful  for  any 
person,  firm  or  corporation  to  fish  with  seines,  purse,  pod  or  pound  nets,  or 
with  any  kind  of  nets,  except  cast  nets,  in  the  waters  of  the  Atlantic  Ocean 
in  New  Hanover  County  within  the  following  limits: 

Beginning  at  a  point  on  the  beach  on  the  north  side  of  the  mouth  of 
Moore’s  Inlet  and  extending  southwardly  along  the  strand  of  the  Atlantic 
Ocean  to  a  point  on  the  north  of  the  mouth  of  Masonboro  Inlet,  and  ex¬ 
tending  one  mile  out1  from  the  shore  line.  The  above  shall  not  apply  to 
the  use  of  set  nets  between  the  first  day  of  November  and  the  first  day  of 
May  next  following.  Any  person  violating  this  section  shall  be  guilty  of 
a  misdemeanor  and,  upon  conviction  thereof,  shall  be  fined  not  more  than 
one  hundred  dollars  and  imprisoned  not  more  than  sixty  days. 

1915,  c.  104. 

2063.  Onslow:  Obstructions  in  Cypress  Swamp  and  Haws  Run.  It  is 
unlawful  for  any  person,  firm  or  corporation  to  fell  any  trees  in  or  in  any 
way  obstruct  the  natural  flow  of  the  waters  of  Cypress  Swamp  and  Haws 
Run  in  Onslow  County.  Any  person,  firm  or  corporation  violating  this 
section  shall  be  guilty  of  a  misdemeanor  and,  upon  conviction,  shall  be 
fined  not  more  than  fifty  dollars  or  imprisoned  not  more  than  thirty  days. 

1907,  c.  772. 

2064.  Onslow:  Stop  nets  prohibited.  It  is  unlawful  for  any  person, 
firm  or  corporation  to  set,  place,  fix,  establish  or  operate  any  stop  net  that 
will  prevent  or  interrupt  the  passage  of  any  fish  in  the  water  of  anj  cieek 
or  sound  in  Onslow  County,  between  New1  River  and  the  Carteret  County 
line  in  said  county.  Any  person,  firm  or  corporation  violating  the  pro¬ 
visions  of  this  section  shall  be  guilty  of  a  misdemeanor  and,  on  conviction, 
shall  be  fined  not  more  than  fifty  dollars  or  imprisoned  not  more  than 

thirty  days. 

1915,  c.  133. 


60 


Xorth  Carolina  Fishing  Laws 


2005.  Onslow:  Nets  and  seines  in  ocean  regulated.  It  is  unlawful  for 
any  person,  firm  or  corporation  to  set  any  net  or  seine  on  the  coast  of 
Onslow  County  for  a  longer  time  than  one  hour  at  any  one  time.  Any 
person  violating  this  provision  shall,  upon  conviction,  be  fined  not  less 
than  one  hundred  dollars  or  imprisoned  not  less  than  three  months.  One- 
half  of  said  fine  shall  go  to  the  party  or  parties  reporting  such  offenses 
and  furnishing  sufficient  evidence  to  convict.  In  the  event  any  offender 
shall  be  unable  to  pay  fine,  that  his  boats,  nets  and  other  fishing  parapher¬ 
nalia  shall  be  forfeited  and  sold  to  the  highest  bidder  for  cash  at  court¬ 
house  door  after  twenty  days  notice,  and  proceeds  of  said  sale  be  applied 
to  cost  and  fine  and  any  surplus  paid  to  the  defendant:  Provided,  how¬ 
ever,  this  section  shall  not  tend  to  convict  any  party  who  shall  catch  more 
fish  than  can  be  taken  up  in  one  hour. 

1915,  c.  184. 

2066.  Onslow:  Seines  and  nets  in  New  River.  It  is  unlawful  for  any 
person,  firm,  corporation  or  association  to  catch  fish  with  haul  seine,  purse 
net.  or  drop  net  in  the  waters  of  New  River  in  the  main  channel  between 
Hatche’s  Rock  and  New  River  Inlet,  or  within  one-half  mile  of  said  inlet 
in  the  Atlantic  Ocean.  Any  person,  firm,  corporation  or  association  vio¬ 
lating  this  section  shall  be  guilty  of  a  misdemeanor  and.  upon  conviction, 
shall  be  fined  not  less  than  two  hundred  dollars  nor  more  than  five  hun¬ 
dred  dollars,  or  imprisoned,  in  the  discretion  of  the  court;  fifty  dollars  of 
said  fine  to  be  paid  to  the  person  or  persons  furnishing  evidence  sufficient 
to  convict. 

P.  L.  1913,  c.  707. 

2067.  Pamlico  County:  Use  of  nets  regulated.  If  any  person  shall  set 
or  fish  any  dutch  or  pound  nets  in  the  waters  of  Pamlico  County,  or  shall 
use  any  seine  or  drag  net  in  the  waters  of  said  county,  including  the  north 
side  of  Neuse  River  from  the  mouth  of  the  river  to  the  mouth  of  Upper 
Broad  Creek,  from  the  first  day  of  May  to  the  first  day  of  January  next 
ensuing,  or  shall  at  any  time  catch  fish  with  a  seine  or  drag  net  along  the 
shores  of  said  county  on  any  day  of  the  week  except  Monday,  Wednesday 
and  Friday,  he  shall  be  guilty  of  a  misdemeanor  and  be  fined  not  more 
than  fifty  dollars  or  imprisoned  not  more  than  thirty  days. 

Rev.,  s.  2452;  1885,  c.  198;  1889,  c.  544;  1893,  c.  334. 

2068.  Pamlico  County:  Nets  in  Dawson’s  Creek.  It  is  unlawful  for 
any  person  to  fish  with  drag  or  haul  net  of  any  description  in  the  waters 
of  Dawson’s  Creek,  in  Pamlico  County.  Any  person  violating  this  section 
shall  be  deemed  guilty  of  a  misdemeanor  and  fined  or  imprisoned,  at  the 
discretion  of  the  court. 

P.  L.  1911,  c.  470. 

2069.  Pamlico  County:  Drag  nets  prohibited  in  certain  streams.  It  is 
unlawful  for  any  person  to  haul  or  use  any  drag  net  in  the  waters  of  Van- 
demere  Creek  and  its  tributaries,  Smith’s  Creek,  Chappel’s  Creek  and  its 
tributaries,  Trent  Creek  and  its  tributaries,  and  Bay  River  and  its  tribu¬ 
taries,  from  the  mouth  of  Trent  Creek  to  the  head  of  both  its  northwest 
and  southwest  prongs,  for  the  purpose  of  catching  or  taking  fish  from  said 
waters.  Any  person  violating  this  section  shall  be  guilty  of  a  misde¬ 
meanor  and  shall  be  fined  not  less  than  five  dollars  nor  more  than  ten 
dollars  or  imprisoned  not  less  than  five  days  nor  more  than  ten  days  for 
each  and  every  offense. 

1909,  c.  692. 


Xorth  Carolina  Fishing  Laws 


61 


1  asquotank  County:  Pound  or  fyke  nets  in  Pasquotank  River. 
It  is  unlawful  for  any  person,  firm  or  corporation  to  fish  in  Pasquotank 
River  above  Stinking  Gut  on  either  side  of  said  river  with  pound  or  fyke 
nets,  or  any  other  kind  of  net  with  mudge  or  leads:  Provided,  this  section 
shall  not  be  construed  to  prohibit  fishing  in  said  territory  with  gill  nets. 
Any  person,  firm  or  corporation  violating  this  section  shall  be  guilty  of  a 
misdemeanor  and,  upon  conviction,  shall  be  fined  not  to  exceed  fifty  dol¬ 
lars  or  imprisoned  not  to  exceed  thirty  days,  in  the  discretion  of  the  court. 

P.  L.  1913,  c.  752,  s.  6. 


2071.  Pasquotank  County:  Nets  in  Hatley  Creek.  If  any  person  shall 
haul  or  fish  with  a  drag  net,  or  set  a  pound  net  in  Big  Hatley  Creek,  or 
Little  Hatley  Creek,  within  two  hundred  yards  of  the  mouth  of  either  of 
said  creeks,  he  shall  be  guilty  of  a  misdemeanor  and  be  fined  not  exceeding 
fifty  dollars  or  imprisoned  not  exceeding  thirty  days. 

Rev.,  s.  2442;  1895,  c.  389;  1903,  c.  497;  1911,  c.  127. 


2072.  Pasquotank  and  Perquimans:  Gill  nets  allowed.  It  is  lawful 
for  fishermen  fishing  in  the  Albemarle  Sound  lying  opposite  to  Perquimans 
and  Pasquotank  counties,  and  its  tributaries  lying  and  being  in  said 
counties,  to  set  gill  nets  as  near  as  one  hundred  and  fifty  yards  of  any 
pound,  or  dutch  nets  fished  in  said  waters:  Provided,  that  any  net  shall 
not  be  set  beyond  the  line  now  prohibited  in  said  waters. 

1911,  c.  138. 


2073.  Robeson:  Fishing  in  Lumber  River.  It  is  unlawful  for  any 
person  to  fish  with  seine,  nets,  traps,  gigging,  or  by  muddying,  striking  or 
dynamiting,  in  Lumber  River  or  the  other  rivers,  creeks,  lakes  or  ponds 
in  Robeson  County:  Provided,  that  this  does  not  apply  to  persons  fishing 
on  their  own  premises.  Any  person  violating  this  section  shall  be  guilty 
of  a  misdemeanor  and,  on  conviction,  shall  be  fined  not  more  than  fifty 
dollars  nor  less  than  ten  dollars,  one-half  to  go  to  the  informant,  or 
imprisoned  not  more  than  thirty  days  nor  less  than  ten  days  in  jail,  with 
privilege  to  County  Commissioners  of  Robeson  County  or  adjacent  county 

to  hire  out. 

P.  L.  1911,  c.  529  ;  P.  L.  Ex.  Sess.  1913,  c.  272. 


2074.  Robeson:  Nets  and  traps;  close  season;  limit  catch.  It  is  un¬ 
lawful  for  any  person  to  set  any  trap  or  net  for  the  purpose  of  catching 
fish  in  Lumber  River  or  any  of  its  tributaries  in  Robeson  County  and  in 
Columbus  County  between  the  first  day  of  April  and  the  first  day  of  Sep¬ 
tember  in  any  year.  It  is  unlawful  at  all  times  for  any  person  to  catch 
or  take  more  than  twelve  of  the  fish  known  as  “red  breasts  and  trout 
from  Lumber  River  or  any  of  its  tributaries  in  Robeson  County  and  in 
Columbus  County,  in  any  one  day,  whether  said  fish  be  caught  with  lioo  v 
and  line  net,  trap,  or  in  any  other  manner.  Any  person  violating  the 
provisions  of  this  section  shall  be  guilty  of  a  misdemeanor  and,  upon 
conviction,  shall  be  fined  or  imprisoned  in  the  discretion  of  the  court. 

P.  L.  1911,  c.  703;  P.  L.  L.  1921,  c.  503. 

•>(>75  Sampson:  Fishing  regulated.  It  is  unlawful  for  any  person  to 
fish  in  anv  of  the  rivers,  creeks  or  other  streams  of  Sampson  County  by 

ns  o Mime  dynamite,  pod  nets,  bag  nets,  traps,  or  by  any  means  or 
means  o Mime  d>  £ree  passage  of  fish  is  obstructed.  Any  person 

COoniarting  this  section  shall  be  guilty  of  a  misdemeanor  and,  upon  convic- 
Uom  shall  be  fined  not  exceeding  fifty  dollars  or  imprisoned  not  exceeding 

thirty  days. 

P.  L.  1915,  c.  464,  ss.  2,  3. 


62 


North  Carolina  Fishing  Laws 


2070.  Tyrrell:  Aligator  River  and  Frying  Pan  Creek;  nets  in.  If  any 

person  shall  fish  any  pound  net,  gill  net,  seine  or  nets  of  any  kind  in 
Alligator  River  within  one  mile  of  the  mouth  of  Frying  Pan  Creek  in 
Tyrrell  County,  or  shall  set  any  weir  or  fish  net  of  any  kind  or  any  other 
obstruction  that  prevents  the  passage  of  fish  in  said  creek  from  its  mouth 
to  Jarmin’s  Point,  at  the  two  pines  and  low  cypress,  he  shall  be  guilty  of 
a  misdemeanor.  If  any  person  shall  set  any  pound  net  or  dutch  net  in 
Alligator  River  within  one-half  mile  of  the  mouth  of  Frying  Pan  Creek 
in  Tyrrell  County,  or  in  Frying  Pan  Creek  within  three  miles  of  where  it 
enters  into  Alligator  River,  he  shall  be  guilty  of  a  misdemeanor  and  shall 
be  fined  fifty  dollars  or  imprisoned  thirty  days,  or  both,  at  the  discretion 
of  the  court. 

Rev.,  ss.  2447,  2449;  1889,  c.  105;  1899,  c.  465;  1905,  c.  282. 

As  to  throwing  fish  offal  in  Frying  Pan  Creek,  etc.,  see  this  chapter,  s.  1969. 

2077.  Wayne:  Nets  and  traps  in  Neuse  and  Little  rivers.  The  citizens 
of  Wayne  County  are  hereby  permitted  to  put  in  fish  traps  and  gill  stick 
nets  in  Neuse  and  Little  rivers,  within  the  limits  of  Wayne  County. 

P.  L.  1911,  c.  465. 

SUBCHAPTER  IV.  NONCOMMERCIAL  FISHING 

Art.  11  General  Regulations 

2078.  Trout  protected;  close  season.  If  any  person  shall  catch  moun¬ 
tain  trout  by  seining  at  any  time,  or  shall  take  them  by  shooting  or  other¬ 

wise  between  the  fifteenth  day  of  October  and  the  thirtieth  day  of  Decem¬ 
ber,  he  shall  be  guilty  of  a  misdemeanor. 

Rev.,  s.  3418;  Code,  s.  1122;  1869-70,  c.  142. 

Note  1.  For  local  regulations  protecting  trout,  see  list  following,  by  counties. 

Note  2.  For  general  statutes  regulating  noncommercial  as  well  as  commercial  fishing, 

See  supra,  this  chapter.  Art.  9. 

For  fishing  without  permission  on  another’s  land,  see  Game  Laws,  s.  2127. 

Note  3.  Local  regulations  as  to  fishing  in  streams  enumerated,  see  supra,  this  chapter. 
Art.  10,  Part  2,  and  the  following  : 

Streams  on  Grandfather  Mountain  ;  fishing  without  consent  forbidden.  Rev.,  s.  2842  ; 
1909,  c.  84. 

Hiwassee  River  ;  obstructions  in.  Rev.,  s.  2461. 

Nantahala  River  ;  fishing  regulated.  Rev.,  s.  2477. 

South  Fork  River  ;  obstructions  in.  Rev.,  s.  2473. 

Note  4.  Local  regulations  as  to  counties,  see  supra,  this  chapter.  Art.  10,  Part  3,  and  the 
following : 

Ashe.  Waters  stocked  by  U.  S.  Government;  fishing  prohibited.  P.  L.  1911,  c.  195. 

Avery.  Elk  and  Toe  rivers  ;  close  season.  P.  L.  1915,  c.  526. 

Avery,  Caldwell,  and  Mitchell.  Rainbow  trout;  fishing  regulated.  P.  L.  1911,  c.  675;  P.  L. 
1913,  c.  752,  s.  2. 

Buncombe.  Fish  protected  :  close  season  for  and  size  of  trout ;  game  warden’s  duty. 
1909,  c.  570. 

Burke.  Dynamiting  fish  prohibited.  1909,  c.  895. 

Permission  to  fish  required;  dynamiting  and  seining  prohibited.  P.  L.  1911,  c.  137;  P.  L. 
1913,  c.  7FZ,  s.  L 

Burke,  Caldwell,  and  McDowell.  Fishways  in  Catawba  River  ;  seining  and  trapping  pro¬ 
hibited.  P.  L.  1911,  c.  170. 

Cabarrus.  Seining  in  Coddle  and  Big  Cold  Water  creeks.  P.  L.  1911,  c.  361. 

Cherokee.  Shooting  fish.  P.  L.  1915,  c.  608,  ss.  4,  5  ;  P.  L.  1917,  c.  162. 

Seines  and  traps  in  Valley,  Notla,  and  Hiwassee  rivers.  Rev.,  s.  2458. 

Clay.  Fishing  for  California  trout  regulated.  1909,  c.  374. 

Dynamiting  fish  prohibited.  P.  L.  1913,  c.  623,  s.  3. 

Free  passage  of  fish  in  Mission  dam  in  Hiwassee  River.  1909,  c.  112. 

Columbus.  Fishing  regulated.  P.  L.  1917,  cc.  394,  713. 

Craven.  Fishing  from  bridges  at  New  Bern.  Rev.,  s.  2456. 

Duplin  and  Pender, \  Fishing  regulated.  P.  L.  1917,  c.  665. 

Durham  and  Orange.  Use  of  seines  and  nets  in  Eno  River.  P.  L.  1913,  c.  547. 

Gates.  Fish  in  Speight’s  mill-pond  protected.  1907,  c.  646. 

Fishing  in  Bennett’s  Creek  mill-pond  regulated.  1907,  c.  734. 

Graham.  Close  season  for  trout  in  Yellow  Creek.  P.  L.  1911,  c.  127. 

Close  season  for  rainbow  trout.  P.  L.  1911,  c.  59. 

Halifax.  Fishing  regulated.  P.  L.  1917,  c.  174. 

Harnett  and  Lee.  Seines  prohibited  in  Upper  Little  River.  P.  L.  1911,  c.  379. 

Dynamite  prohibited  in  Upper  Little  River.  P.  L.  1915,  c.  519. 


-N orth  Carolina  Fishing  Laws 


63 


Haywood.  Catching  trout  in  Cataloochee  Creek.  Rev.,  s.  2480. 

Fishing  in  Cataloochee  Township.  1907,  c.  704. 

Fishing  in  Cecil  Township.  1907,  c.  696. 

Henderson.  Fishing  in  certain  streams  prohibited.  1895,  c.  345  ;  P.  L.  1913,  c.  623,  S'.  2. 
Obstructions  in  streams  prohibited.  Rev.,  s.  2479. 

Hertford.  Fishing  in  Liverman’s  mill-pond.  P.  L.  1915,  c.  354. 

Johnston.  Close  season  for  Hannah’s  and  Stone’s  creeks.  P.  L.  1915,  c.  645. 

Fishing  in  Black  Creek  prohibited.  1907,  cc..  713,  870  ;  P.  L.  1911,  c.  493  ;  P.  L.  1913,  c.  373. 
Fishing  in  Holt’s  Lake  on  Black  Creek.  1919,  c.  40. 

Madison.  Close  season  ;  use  of  dynamite.  P.  L.  1911,  c.  380. 

Martin.  Permission  required  to  fish  in  Cross  Roads  Township.  1907,  c.  338. 

McDowell.  Fishing  regulated.  1891,  c.  5  ;  1907,  cc.  544,  886. 

Mitchell.  Dynamiting  fish  prohibited.  1909,  c.  895. 

Mitchell  and  Yancey.  Use  of  explosives  and  dynamite  prohibited.  P.  L.  1913,  c.  576. 
Perquimans.  Shooting  fish  in  Goodwin’s  mill-pond  forbidden.  1909,  c.  118. 

Polk.  Seines,  nets,  and  dynamite  prohibited;  exception.  1909,  c.  590;  P.  L.  1911,  c.  549. 
Fishing  in  North  Pacolet  and  Vaughan’s  creeks  regulated.  1907,  c.  149. 

Rockingham.  Dynamiting  fish  in  Haw  River  forbidden.  1909,  c.  311. 

Sampson.  Fishing  in  certain  streams  permitted.  1907,  c.  359. 

Swain.  Close  season  for  trout  in  Tabor’s  Mill  Creek.  P.  L.  1911,  c.  121. 

Close  season  in  Sawmill  and  Tabor’s  Mill  creeks.  P.  L.  1915,  c.  355. 

Fishing  on  Sunday  prohibited.  P.  L.  1915,  c.  573. 

Hazel  and  Forney’s  creeks;  close  season;  limit.  1909,  c.  247. 

Hazel  Creek.  1905,  c.  281  ;  1907,  c.  426. 

Rainbow  trout  in  Ocoa  Township.  P.  L.  1911,  c.  208. 

Transylvania.  Seining  and  trapping  prohibited.  1909,  c.  128. 

Warren.  Permission  required  to  fish  on  another’s  land.  P.  L.  1919,  c.  169. 

Watauga.  Trout  protected.  1899,  c.  285  ;  P.  L.  1915,  c.  622. 

Fishing  regulated.  1909,  c.  108;  P.  L.  1911,  c.  124;  P.  L.  1913,  c.  762. 

Dynamiting  fish  prohibited.  1909,  c.  895. 

Yancey.  Fishing  regulated.  P.  L.  1911,  c.  290;  P.  L.  1913,  c.  i5-,  s.  <  ;  P.  L.  1J19,  c. 

Local  regulations  as  to  counties  since  1919:  .  T  r  iooq 

Bertie,  Gates,  Hertford,  and  Northampton.  County  game  and  fish  law.  P.  L. ,L. uza,  c . 

Bladen.  Close  season  in  Johnson’s  Mill  Pond  and  Phillips’  Creek.  P.  L.  L.  1923,  c-".  * 
Burke.  Fish  Commission  created.  P.  L.  L.  1921,  c.  321.  Sunday  fishing  prohibited. 

P.  L.  L.  1921,  c.  454  ,,  .  D.  t  T 

Caldwell.  Prohibition  of  fishing  except  by  hook  and  line  in  the  \adkin  River.  f.  u.  u. 

^ Carter dt.  Regulating  manufacture  of  fish  scrap  and  oil.  P.  L.  L.  1921,  c.  384. 

Ct'm  Act  to  Drotect  fish.  P.  L.  L  1921,  c.  4(4.  .  .  , 

Cumberland.  Unlawful  to  trap  or  net  fish,  or  set  hooks  without  permission  of  landowner, 

P.  L.  L.  Ex.  Sess.  1921,  c.  152. 

Haywood.  Act  to  protect  fish  and  game.  P.  L  L  1J23,  c.  . 

Henderson.  Act  to  promote  fish  industry.  P.  L-  L.  1J^3,  c. 

Hyde.  Act  to  protect  fish  in  Pungo  River  and  its  tributaries. 

Jackson.  Act  to  protect  game,  fish,  and  fur-bearing  animals. 


P.  L.  L.  1923,  c . 

P.  L.  L.  1923,  c .  (See 


^McD&ufelL 1 '  Fishing  wRlfsXn’e  or  net  in  Catawba  River  prohibited.  P.  L.  L.  1921,  c.  192. 

X^ert  W  SS  “shin*  with  baskets'  and  nets  prohibited.  P.  L.  L.  1920,  c.  127, 
E *Mwtgomery.  Prohibition  of  all  kinds  of  fishing,  except  with  hook  and  line.  P.  L.  L.  1921, 

'' l^o«dC10Un,awSW  tofisf ^  ^“exce*  wRh  ho*  and' fine,' ’except  in  Pee  Dee 
RtJm nSo;!L'Fis'hing1reCEula4ted  fampson,  Cumberland,  and  Harnett  counties.  P.  L.  L. 

streams  and  the  killing  of  fish  by  explosives. 


Sampsoi 

2923  c .  ,  ■ 

Surry.  Prohibit  throwing  of  sawdust  in 

V'<twain.  Ac Fork^Cree^  regulateT"?.  L.  L.  l^c.’ .  Act  for  the  pro- 


Watauga 


tefZ?l  “n  art  for  *the  ^protection  and  propagation  of  game  and  fish.  P.  L.  L.  1923,  c. 


POWER  OF  FISHERIES  COMMISSION  BOARD  TO  REGU¬ 
LATE  THE  FISHING  INDUSTRY  OF  NORTH  CAROLINA 


The  decision  of  the  Supreme  Court  in  State  v.  Dudley.  182  N.  C.,  822,  is  as  > 
follows: 

Criminal  action  tried  before  his  Honor,  J.  Loyd  Horton,  judge,  and  a  jury, 
at  March  Term,  1921,  of  the  Superior  Court  of  Carteret  County.  ^Defendant 
was  convicted  under  the  following  bill  of  indictment: 

“The  jurors  for  the  State  upon  their  oath  present:  That  Henry  Dudley,  late 
of  the  county  of  Carteret,  on  the  28th  day  of  December,  1920,  did  willfully, 
unlawfully  and  feloniously  take  escallops  with  drags  or  scrapes  in  that  terri¬ 
tory  in  Bogue  Sound  lying  between  Spooners  Point  and  Brant  Island,  the 
same  being  that  territory  designated  as  unlawful  or  forbidden  grounds,  in 
violation  of  orders,  rules,  regulations,  etc.,  of  the  Fisheries  Commission  Board 
at  meeting  held  October  7,  1919,  and  known  as  Regulation  No.  13,  contrary  to 
the  form  of  regulations  of  said  Commission  Board  and  against  the  peace  and 
dignity  of  the  State.  And  the  jurors  for  the  State  upon  their  oaths  aforesaid 
do  further  present:  did  willfully,  unlawfully  and  feloniously  violate  Regula¬ 
tion  5  of  the  Orders,  Rules  and  Regulations  of  the  Fisheries  Commission 
Board,  passed  various  meetings  held  from  April  29,  1915,  to  July  5,  1920, 
contrary  to  the  form  of  the  regulations  of  said  Fisheries  Commission  Board.” 

From  judgment  on  the  verdict  the  defendant  appealed,  assigning  for  errors 
chiefly:  The  refusal  to  quash  the  bill  for  that  same  did  not  state  a  criminal 
offense;  refusal  to  instruct  the  jury  that  on  the  entire  evidence,  if  accepted 
by  the  jury,  no  criminal  offense  has  been  established. 

Thomas  W.  Bickett,  James  S.  Manning,  Attorney -General ;  Frank  Nash, 
Assistant  Attorney-General .  for  the  State. 

E.  H.  Gorham,  C.  R.  Wheatley,  0.  H.  Guion.  Charles  L.  Abernethy.  for  the 
defendant. 


Hoke,  Judge.  In  recognition  of  the  great  importance  of  fish  and  fishing 
industries  connected  therewith  in  the  public  waters  of  the  State  as  a  source 
of  food  supply  to  the  people  and  of  the  impelling  necessity  for  authoritative 
and  intelligent  regulation  concerning  them,  the  General  Assembly  has  made 
elaborate  statutory  provisions  on  these  subjects,  the  same,  general  and  special, 
appearing  principally  in  Consolidated  Statutes,  chapter  37,  sections  1965  to 
2078,  inclusive.  And  recognizing  further  that  it  is  impossible  in  a  fixed  and 
formal  statute  to  foresee  and  provide  for  all  the  administrative  details  sure 
to  be  required  under  such  extended  and  ever-varying  conditions,  the  legisla¬ 
tion  referred  to  creates  a  commission  to  be  termed  the  “Fisheries  Commission 
Board,”  giving  it  the  general  control  of  the  subject,  and  in  addition  to  other 
special  provisions  conferring  general  powers  in  terms  as  follows: 

“The  Fisheries  Commission  Board  is  hereby  authorized  to  regulate,  pro¬ 
hibit  or  restrict  in  time,  place,  character,  or  dimensions,  the  use  of  nets, 
appliances,  apparatus,  or  means  employed  in  taking  or  killing  fish;  to  regu¬ 
late  the  seasons  at  which  the  various  species  of  fish  may  be  taken  in  the 
several  waters  of  the  State,  and  to  prescribe  the  minimum  sizes  of  fish  which 
may  be  taken  in  the  said  several  waters  of  the  State,  or  which  may  be 
bought,  sold,  or  held  in  possession  by  any  person,  firm  or  corporation  in 
the  State;  and  such  regulations,  prohibitions,  restrictions  and  prescriptions, 
after  due  publication,  which  shall  be  construed  to  be  once  a  week  for  four 


-N" Orth  Carolina  Fishing  Laws 


65 


consecutive  weeks  in  some  newspaper  in  North  Carolina,  shall  be  of  equal 
force  and  effect  with  the  provisions  of  this  act;  and  any  person  violating  the 
provisions  of  this  section  shall  be  guilty  of  a  misdemeanor,  and,  upon  con¬ 
viction,  shall  be  fined  or  imprisoned,  at  the  discretion  of  the  court.” 

And  in  further  enforcement  of  the  law,  section  1901  makes  provision  as 
follows: 


“Upon  failure  of  any  person,  firm,  or  corporation  to  comply  with  any  of  the 
provisions  of  this  article,  or  any  of  the  fisheries  laws,  any  license  issued  to 
any  such  person,  firm,  or  corporation  may  be  revoked  by  the  Fisheries  Com¬ 
mission,  and  upon  satisfactory  settlement  may  be  reinstated,  with  the  con¬ 
sent  of  the  Board.  All  such  persons  violating  the  provisions  of  this  article 
or  of  the  fisheries  law  shall  be  guilty  of  a  misdemeanor.” 

Under  the  powers  so  conferred  and  in  promotion  of  the  general  purposes  of 
the  statute,  the  Fisheries  Commission  Board  made  and  established  a  formal 
rule  or  regulation,  which  prohibited  the  taking  of  escallops  with  drags,  or 
scrapes  in  a  certain  portion  of  Bogue  Sound,  between  Spooners  Point  and 
Brant  Island,  and  designating  such  locality  as  unlawful  and  forbidden  terri¬ 
tory.  And  on  the  trial  there  was  evidence  of  the  State  tending  to  show  that 
at  the  time  specified,  the  ground  having  been  properly  staked  off  as  forbidden 
ground,  defendant  was  employed  in  taking  escallops  in  the  manner  prohibted, 
and  on  this  evidence,  accepted  by  the  jury,  defendant  was  duly  convicted  of 
the  offense  charged  in  the  bill,  and  from  judgment  on  the  verdict  has  appealed. 

It  was  chiefly  and  very  earnestly  contended  before  us  that  this  conviction 
cannot  be  sustained  because  it  presents  an  unwarranted  attempt  to  delegate 


legislative  power.  It  is  well  recognized  that  except  in  the  case  of  municipal 
corporations  when  in  the  exercise  of  governmental  functions  on  local  matters, 
legislative  power  may  not  be  delegated.  But  if  it  be  conceded  that  the  Board 
in  question  here,  the  Fisheries  Commission  Board,  as  a  mere  administrative 
board  does  not  come  within  the  exception  stated,  it  is  firmly  established  in 
this  jurisdiction  and  fully  recognized  in  authoritative  cases  elsewhere  that, 
though  legislative  powers  may  not  be  in  strictness  delegated  to  a  board  of 
that  character,  it  is  fully  competent  for  the  Legislature  to  delegate  to  such 
Board  the  power  to  “establish  the  pertinent  facts  or  conditions  upon  which 
a  statute  makes  its  own  action  depend.”  This  statement  of  the  principle 
taken  from  8th  Cyc.,  p.  830,  was  directly  approved  and  applied  in  State 
v  R  R..  141  N.  C.,  pp.  846-851,  a  decision  upholding  the  conviction  of  defend¬ 
ant  for  violation ’of  the  administrative  regulations  of  our  Department  of 
Agriculture.  And  a  forcible  and  striking  illustration  m  approval  of  the 
same  position  is  presented  in  a  recent  case  of  State  v.  Hodges ,  sustaining 
regulations  of  the  same  department  in  reference  to  eradication  of  cattle  ticks. 

It  has  “een  applied  also* in  reference  to  regulations  of  the  Health  Depart¬ 
ment  as  in  the  case  of  compulsory  vaccination.  Morgan  v.^tewait,  14  .  .  ., 

p  424.  citing  State  v.  Hag,  126  N.  C„  p.  999;  Hutchins  v.  Durham,  137  N.  C„ 

p.  68;  Morris  v.  Colutnlus,  W2  jt  was  fully  recognized  as 

And  in  Expiess  .  •  •  '  the  corporation  Commission  the 

justifying  the  Legislature  m  ^5,1  !ates  ' Ac  Similar  decisions  resting 
power  of  establishing  transpiration  ^rates, ^^^and.  220  U.  S„  p.  506; 

upon  the  same  pn  authoritative  cases,  and 

Jsenhour  v.  State  11 7  lad..  P^^^d  rule  on  the  subject. 

may  be  consideied  as  t  g  among  other  things  “That  Congress 

In  Ctaru,  143  U.  S„  P  692), 

cannot  delegate  legisiat  P ,  .  •  t  tive  ruies  is  not  a  delegation  of  legis- 

laUv^^power^and  ^uch  rules  do  not  become  legislation,  because  violation 
5 


[North  Carolina  Fishing  Laws 


«6 

thereof  are  punished  as  public  offenses.”  And  so  it  is  here.  The  Commis¬ 
sion,  as  stated,  under  authority  conferred,  have  established  the  regulation  that 
these  escallops  shall  not  be  taken  in  drags  in  certain  designated  localities. 
And  the  statutes  referred  to  enact  that  to  take  these  fish  or  mollusks,  con¬ 
trary  to  this  administrative  rule  shall  constitute  a  misdemeanor,  and  it  is  on 
this  that  the  conviction  is  lawfully  made  to  rest. 

It  is  argued  in  support  of  the  defendant's  position  that  the  indictment  is  for 
wiolating  the  rule,  and  not  otherwise,  but  the  suggestion  is  without  merit.  It 
may  have  been  the  better  form  to  have  added  to  the  bill  that  the  alleged  de¬ 
fault  was  also  “contrary  to  the  statute  in  such  case  made  and  provided,”  but 
this,  if  it  be  a  defect,  is  one  cured  in  express  terms  by  our  Statute  of  Jeofails, 
Consolidated  Statutes,  section  4625. 

It  is  further  insisted  for  defendant  that  the  locality  to  which  this  regulation 
applies  is  nowhere  mentioned  or  designated  in  the  law  and  the  same  is  not 
therefore  included  in  the  powers  conferred  upon  the  Board.  But  a  perusal  of 
the  statute,  and  more  particularly  section  1678,  which  appertains  more  directly 
to  the  question,  will  disclose  that  the  jurisdiction  of  the  Board  extends  to  all 
the  public  waters  of  the  State  or  over  which  it  has  control.  “The  several 
waters  of  the  State”  is  the  precise  language  of  the  section  referred  to  and  the 
numerous  portions  of  the  law  in  which  places  are  expressly  mentioned  are  not 
in  restriction  of  the  general  words  of  the  principal  section,  but  these  places 
are  only  mentioned  because  special  provision  is  made  as  being  desirable  or 
necessary  for  these  places,  and  this  objection  also  must  be  overruled. 

It  cannot  for  a  moment  be  maintained  that  escallops,  the  subject-matter  of 
the  inquiry,  are  not  within  the  powers  conferred.  In  the  portion  of  the  stat¬ 
ute  defining  the  terms  and  subjects  of  the  chapter  in  question,  the  word  “fish” 
is  made  to  include  “porpoises,  and  other  marine  mammals,  fishes,  mollusca,  and 
crustaceans.”  Not  only  do  escallops  come  within  this  comprehensive  defini¬ 
tion,  being  a  “mollusk  of  the  species  pectinidae,”  but  in  a  later  part  of  the 
chapter  they  are  expressly  mentioned  as  being  within  its  provisions.  This 
•objection,  therefore,  is  overruled. 

We  have  given  the  case  most  careful  consideration,  and  owing  to  the  very 
great  importance  of  this  industry  to  the  State  and  its  people,  it  is  gratifying 
that  a  conviction  can  be  upheld  in  accord  with  accepted  principles  of  constitu¬ 
tional  and  statutory  construction.  It  is  a  subject  that  has  deservedly  received 
the  fullest  consideration  of  our  legislatures,  and  under  the  capable,  courag¬ 
eous,  and  impartial  enforcement  of  the  law  that  has  prevailed  for  the  past 
several  years,  there  is  reason  to  believe  that  substantial  and  ever-increasing 
benefits  may  be  expected. 

There  is  no  error,  and  the  judgment  below  is  affirmed. 

No  error. 


INDEX  TO  FISHING  LAWS 


Administrative  agencies,  former . 

Bait,  poisoned;  use  of . '' 

Boats  operating  in  violation  of  law,  seizure  of . 

Bottoms  for  oyster  or  clam  culture . 

lessee  to  be  citizen . 

marking  and  planting . 

term  and  rental . . . 

Clam  bed  defined . 

Clam  culture; 

leases  of  bottoms  for . . . 

areas  leased  . 

contest  over  . 

forfeiture  for  nonpayment  of  rent . 

lessee  to  be  citizen . 

nature  of  lessee’s  rights . 

notice  and  filing . 

prerequisites  for  lease . 

renewal  of  lease . 

term  and  rental . . . 

transfer  of  . . 

Dams  for  mills  and  factories  regulated;  suiceways . 

Dealers  and  packers: 

license  tax  . 

purchase  tax  . . . 

statistics  to  keep  and  furnish . . . : . 

Dealers  in  sea  products;  license . 

Discharge  of  deleterious  matter  into  waters . : . 

Drugs,  use  of,  in  taking  fish . - . 

Explosives: 

possession  of  fish  killed  by,  evidence  of  use . 

use  of,  in  taking  fish . 

Fish: 

defined  . 

edible: 

not  to  be  used  in  fertilizer;  penalty . 

used  only  as  food . 

obstructing  passage  of,  in  streams . 

protection  from  deleterious  discharge  into  waters . 

regulations  as  to,  by  Fisheries  Commission  Board . 

Fish  Commissioner  . - . 7 . ; . 

Fish  Commission  Fund  transferred  to  Fisheries  Commission 

Fund  . - . 

Fish  culture,  fish  for . 


Fisheries: 

defined  . ■" . 7  . A . V' 

regulations  as  to,  by  Fisheries  Commission  Board. 

State  jurisdiction  over . 

Fisheries  Commission  . . 

appropriations  for  . . . ---- 

interference  with  property  or  markings . 

Fisheries  Commission  Board . 

created  . 

members : 

appointed,  how  . - . 

financial  interest  in  fisheries  prohibited . 

regulates  as  to  fish,  fishing  and  fisheries  . 

changes  in  regulations;  hearing  before . 

regulations  affecting  existing  interests . 


SECTION 

PAGE 

7 

16 

.  1900 

16 

.  1903 

17 

17 

.  1907 

IS 

.  1908 

18 

16 

.  1903 

17 

.  1905 

17 

.  1912 

19 

.  1911 

19 

.  1904 

17 

.  1909 

19 

.  1907 

IS 

.  1906 

17 

.  1909 

19 

.  1908 

18 

.  1909 

19 

.  1975 

36 

.  1892 

14 

.  1893 

15 

.  1895 

15 

.  1892 

14 

.  1899 

16 

.  1897 

16 

.  1898 

16 

.  1897 

16 

.  1865 

7 

.  1868 

7 

.  1868 

7 

.  1974 

35 

.  1899 

16 

.  1878 

10 

.  1866 

7 

.  1877 

9 

.  1886 

12 

.  1865 

7 

.  1878 

10 

.  1867 

7 

.  1866 

7 

.  1876 

9 

.  1896 

15 

.  1869 

7 

.  1869 

7 

.  1869 

7 

.  1869 

7 

.  1872 

9 

.  1869 

7 

.  1878 

10 

.  1880 

10 

.  1879 

10 

68 


Index 


Fisheries  Commission  Board — 

regulates  as  to  fish,  fishing  and  fisheries:  section  page 

regulations  published  .  1878  10 

regulates  shipment  of  water  products .  1881  11 

reports;  publication  . 1882  11 

Fisheries  Commission  Fund .  1875  0 

credited  with  fish  and  oyster  commission  funds .  1877  9 

drawn  on,  how .  1875  9- 

Fisheries  Commissioner  .  1866  7 

absence  or  inability  to  act .  1870  & 

appointed,  how  . 1870  & 

arrest,  power  to .  1885  12 

assistants: 

appointed,  how  .  1870  8 

arrest,  power  to .  1885  12 

bonds  .  1870  S- 

compensation  . 1870  8^ 

dereliction  of  duty;  Commissioner’s  bond  liable .  1884  12 

duties  . 1870  S'- 

financial  interest  in  fisheries  prohibited . 1872  9 

oaths  .  1870  8 

removed,  how  . 1870  8 

terms  of  office .  1870  8 

boats  and  equipment . 1874  9 

bond  . 1870  8 

liable  for  dereliction  of  duty .  1884  12 

liable  for  dereliction  of  duty  by  assistants .  1884  12 

clerical  force  .  1873  9 

compensation  . . , .  1870  8 

duties  . . 1870,  1883, 1884  8-11-12' 

derelict  in;  bond  liable .  1884  12 

financial  interest  in  fisheries  prohibited .  1872  9 

license  record  kept  by .  1887  12 

oath  .  1870  8 

office  for .  1873  9 

reports  . 1870  8- 

term  of  office .  1870  S 

vacancy  in  office .  1870  8- 

Fishing: 

defined  . 1865  7 

regulations  as  to,  by  Fisheries  Commission  Board .  1878  10 

Fishing  structures:  injury  to;  penalty . , .  1973  35 

Fish  offal  in  navigable  waters .  1969  35 

Fish  scrap  and  oil;  standard  for  measuring .  1963  32 

Fish-ways: 

duty  of  Fisheries  Commissioner  as  to .  1883  11 

obstructing  in  Black  River . 1995  44 

obstructing  in  Six  Runs  River .  1995  44 

obstruction  of  .  1974  35 

Imposts  .  1875  9 

Fisheries  Commissioner  collects . 1883  11 

Inlets;  nets  in,  regulated .  1977  37 

Inspectors: 

appointed,  how  . 1871  9 

arrest,  power  to  . 1885  12 

financial  interest  in  fisheries  prohibted .  1872  9 

compensation  . 1871  9 

Land  under  water;  right  of  fishing  in  grantee  of .  1864  32 

Laws;  violation  of .  1901  16 

License  fees;  disposition . 1875  9 

Licenses: 

boats  using  purse  seines  or  shirred  nets .  1890.  13 

dealers  and  packers . .*. .  1892  19 

fees  for  .  1887  12; 


Index 


Licenses: 

issued,  how  . 

license  number  displayed . . . . . 

noncompliance  with  requirements  as  to;  penalty 

oyster  boats  . 

prerequisites  for  . . 

printed  regulations  of  Commission  accompany . 

revoked  for  violation  of  fisheries  laws . 

termination  of  net  license . . 

various  appliances  . . 

Local — 


SECTION 

.  1887 

.  1887 

.  1887 

.  1889 

.  1887 

.  1894 

.  1901 

.  1887 

.  1891 


Counties — 

Beaufort: 

fishing  by  residents  in  Bath  Creek;  nets  used .  2026 

nets  in  Durham  and  Lee’s  Creeks  and  tributaries . 2028 

nets  in  Nixon’s  Creek  .  2029 

nets  in  North  Creek .  2030 

nets  regulated  in  certain  creeks .  2025 

size  of  fish  bought  or  sold  regulated .  2021 

use  of  certain  nets  in  Blount’s  Creek .  2027 

Bladen: 


fishing  in  Brown  Marsh  and  Horseshoe  Swamp .  2031 

fishing  regulated  in  Black  River  and  tributaries .  1994 

fishing  regulated  in  White  Lake .  2032 

Brunswick — 


clams : 

license  to  gather,  required .  2034 

protected;  close  season .  1948 

size  limit  , . 1949 

close  season  for  fish  in  certain  waters .  2023 

fish  traps  in  Cape  Fear  River .  1998 

menhaden,  regulation  of  nets .  1967 

mullet  fisheries  protected .  2033 

oyster  beds;  fires  on;  raking .  1950 

oysters,  clams,  and  terrapins;  license  required  to 

gather  . - .  2034 

purse  seines  prohibited  in  mullet  fishing .  2033 

size  of  bars  in  nets . - .  2022 


Carteret: 

clams  in  Newport  River;  close  season .  1951 

hauling  nets  with  power  in  Cedar  Island  Township  2035 

joining  nets  together  regulated .  2039 

length  of  nets  regulated .  2038 

nets  regulated  in  waters  of . .  1989 

obstructions  to  fish  prohibited .  2040 

oysters,  close  season  for .  1920 

pound  nets  in  Neuse  River .  2041 

purse  nets  for  food  fish  prohibited .  2043 

purse  nets  for  mullet  prohibited .  2042 

size  of  fish  bought  or  sold  regulated .  2021 

size  of  seine  mesh  for  mullets .  2037 

terrapin,  diamond-back  .  iy5y 

use  of  stationary  nets  or  traps .  2U3b 

Chatham: 

fish-ways  in  Haw  River .  zu 


Clay: 

fishing  regulated  . 

Columbus:  . 

fishing  regulated  in  Lumber  River . 

fishing  regulated  in  waters  of . 

traps  and  nets  in  Porter  Swamp.  . . 

traps  in  Lumber  River  and  tributaries. 


2045 


2046 
2005 

2047 
2004 


6£ 


PAGE 

12 

12 

12 

13 
12 

15 

16 
12 

14 


52 

52 

52 

52 

51 
50 

52 


52 

44 

52 


53 

28 

29 

51 

45 

34 

53 

29 

53 

53 

51 


29 

53 

54 
54 
42 

54 
22 

55 
55 
55 
50 
54 
31 
53 


55 


56 


56 

47 

56 

46 


70 


INDEX 


Local — 

Counties — 

Cumberland :  section  page 

close  season  for  fish  in  certain  waters .  2023  51 

fishing  regulated  in  Black  River  and  tributaries .  1994  44 

Currituck: 

close  season  for  commercial  fishing .  2050  57 

dutch  nets  in  waters  of .  2049  56 

fishing  between  sunset  and  sunrise .  2049  56 

fishing  in  Atlantic  Township .  2048  56 

net  stakes,  removal  of .  1978  38 

right  of  search  during  close  season .  2051  57 

Dare : 

drift  nets  for  herring . . . ?. .  1980  39 

dutch  and  pound  nets  prohibited  in  certain  waters....  2052  57 

fishing  in  Kitty  Hawk  Bay  regulated .  2053  57 

menhaden,  regulations  of  nets .  1967  34- 

size  of  fish  bought  or  sold  regulated .  2021  50 

Greene: 

fishing  on  another’s  land .  2054  58 

size  of  mesh  in  nets  regulated .  2054  58 

Harnett: 

close  season  for  fish  in  certain  waters . . .  2023  51 

Hertford: 

traps  and  nets  in  Potecasi  Creek .  2055  58 

Hoke: 

fishing  regulated  in  waters  of .  2005  47 

Hyde: 

drag-nets  in  Rose  Bay .  2057  58 

drag-nets  in  Slades  River  and  Fortescue  Creek .  2058  58 

nets  east  of  the  mouth  of  Slades  River .  2059  59 

pound  and  dutch  nets . 2056  58 

size  of  fish  bought  and  sold  regulated .  2021  51 

New  Hanover — 
clams : 

in  Masonboro  Sound;  restrictions  on  taking .  1953  29 

protected;  closed  season .  1948  28 

close  season  for  fish  in  certain  waters .  2023  51 

fish-traps  in  Cape  Fear  River .  1998  45 

hand  nets  of  certain  bar  mesh  allowed .  2060  59 

menhaden;  regulation  of  nets .  1967  34 

nets  and  traps  in  Masonboro  and  Myrtle  Grove 

sounds  .  2061  59 

oysters: 

close  season  for . 1920, 1947  22-28 

close  season  for,  in  Myrtle  Grove  Sound .  1952  29 

culling  .  1929  24 

measures  for  .  1923  22 

unculled,  purchase  of  .  1944  27 

unculled,  purchase  of,  by  boat  captain .  1944  27 

purse  nets  and  seines  for  food  fish .  2024  51 

seines  in  Atlantic  Ocean .  2062  59 

size  of  bars  in  nets .  2022  51 

Northampton : 

traps  and  nets  in  Potecasi  Creek .  2055  58 

Onslow — 
clams: 

close  season  in  Queen’s  Creek  channel  to  Horse 

Ford  .  1956  30 

close  season  in  certain  waters .  1954  30 

fish-ways  in  sound  between  Bogue  and  Brown  inlets  1974  35 

nets  and  seines  on  coast  regulated .  2065  60 

obstruction  in  Cyprus  Swamp  and  Haws  Run .  2063  59 

% 


Index 


Local — 

Counties — 
Onslow: 


oysters: 

close  season  for . . . 

in  certain  waters . . . 

in  Stump  Sound . 

culling  . 

measures  for . 

unculled,  purchase  of . 

unculled,  purchase  of,  by  boat  captain 

purse  nets  and  seines  for  food  fish . 

purse  nets  for  food  fish  prohibited . 

seines  and  nets  in  New  River . 

stop-nets  prohibited  . 

Pamlico: 


SECTION 

1920, 1947 

.  1954 

.  1955 

.  1929 

.  1923 

.  1943 

.  1944 

.  2024 

.  2043 

.  2066 

.  2064 


drag-nets  prohibited  in  certain  streams. .  2069 

dutch  and  pound  nets  regulated;  lay  days .  2067 

haul-  and  drag-nets  regulated  in  Smith’s  Creek,  etc  1990 

nets  in  Dawson’s  Creek .  2068 

pound,  pod  and  dutch  nets  in  waters  of .  1990 

sheriff’s  duty  when  fish-net  regulations  violated .  1990 

size  of  fish  bought  or  sold  regulated .  2021 

Pasquotank : 

nets  in  Hatley  Creek .  2071 

nets  in  ’Pasquotank  River .  2070 

Pender: 

clams  protected;  close  season .  1948 

lay  days  in  Northeast  Cape  Fear  and  Black  rivers....  2000 

menhaden,  regulation  of  nets  for .  1967 

obstructing  fish  in  Northeast  Cape  Fear  and  Black 
rivers  . 2000 


oysters: 

close  season  for . 1920, 1947 

culling  . 1929 

measures  for  .  1923 

unculled,  purchase  of . 1943 

unculled,  purchase  of,  by  boat  captain .  1944 

purse  nets  and  seines  for  food  fish .  2024 

size  of  bars  in  nets .  2022 


Perquimans: 

gill  nets  in  Albemarle  Sound  and  tributaries .  2072 

Robeson: 

fishing  in  Lumber  River .  2074 

fishing  in  waters  of . - .  2073 

fishing  regulated  in  waters  of .  2005 

traps  in  Lumber  River  and  tributaries .  2004 

Sampson:  . 

close  season  for  fish  in  certain  waters .  2023 

fishing  regulated  .  2075 

fishing  regulated  in  Black  River  and  Mingo  Creek....  1993 
fishing  regulated  in  Black  River  and  tributaries .  1994 

Scotland: 

fishing  regulated  in  waters  of .  2005 

Tyrrell : 

fish  offal  in  certain  waters,  putting .  1969 

nets  in  Alligator  River  and  Fryingpan  Creek .  2076 

Wa7nets  and  traps  in  Neuse  and  Little  rivers .  2077 

traps  in  Neuse  River . 2009 

Sounds  and  Inlets 

Albemarle  Sound: 

fishing  with  seines,  nets,  etc.,  regulated . 

nets  near  wharves  or  railroad  bridge .  1985 


71 


PAGE 

22-28 

30 

30 

24 

22 

27 

27 
51 
55 
60 

59 

60 
60 
42 
60 
42 
42 

50 

61 

61 

28 
46 

34 

46 

22-28 

24 

22 

27 

27 

51 
51 

61 

61 

61 

47 

46 

51 

61 

44 

44 

47 

35 
62 

62 

48 


38 

41 


72 


Index 


Local — 

Sounds  and  Inlets — 

Albemarle  Sound  and  tributaries:  section  page 

drift  nets  regulated . , .  1980  39 

nets  and  net  stakes  regulated .  1981  39 

net  stakes  to  be  removed .  1978  38 

Albemarle  Sound  in  certain  parts: 

anchor,  drift,  and  stake  nets  regulated .  1984  41 

gill  nets  regulated . , .  1982  40 

Albemarle  Sound,  off  Tyrrell  County;  gill  nets  regulated  1983  40 

Croatan  and  Pamlico  marshes;  fishing  apparatus  near, 

forbidden  .  1986  41 

Croatan  Sound;  fishing  with  seines,  nets,  etc.,  regulated  1979  38 

Croatan  Sound  and  tributaries: 

drift  nets  regulated .  1980  39 

net  stakes  to  be  removed .  1978  38 

Currituck  Sound  and  tributaries;  net  stakes  to  be 

removed  .  1978  38 

Currituck  Sound;  nets  used  regulated .  1987  41 

Hatteras  Inlet;  drift  nets  within  ten  miles  regulated .  1980  39 

New  Inlet;  drift  nets  within  ten  miles  regulated .  1980  39 

Ocracoke  Inlet: 

drift  nets  within  ten  miles  regulated .  1980  39 

nets  regulated  .  1989  42 

Oregon  Inlet;  drift  nets  within  ten  miles  regulated .  1980  39 

Pamlico  Sound : 

fishing  with  seines,  nets,  etc.,  regulated .  1979  38 

nets  regulated  .  1989  42 

nets  to  be  set  north  and  south .  1988  42 

pod  and  dutch  nets  regulated .  1990  42 

Pamlico  Sound  and  tributaries,  net  stakes  to  be  removed  1978  38 

Roanoke  Sound;  pound  nets  regulated .  1991  43 

Streams — 

Big  Contentnea  Creek;  obstructions  and  traps  in .  2006  47 

Black  River: 

fishing  regulated  . 1993,  1995  44 

obstructing  fish-ways  . 1995  44 

obstructing  passage  of  fish .  2000  46 

Black  River  and  tributaries;  fishing  regulated .  1994  44 

Black  River  in  Pender  County: 

lay  days  .  2000  46 

seines  and  nets  in .  2000  46 

Cape  Fear  River: 

fishing  by  nonresidents .  1996  45 

fish-traps  regulated  . 1998  45 

lay  days  in  certain  part .  2000  46 

nets  and  seines  regulated .  1997  45 

nets  in  . .  1999  45 

obstructing  passage  of  fish . 2000  46 

seines  and  nets  in .  2000  46 

Cape  Fear  River,  northeast  branch: 

lay  days  .  2001  46 

obstructing  fish  .  2001  46 

seines,  nets,  and  traps .  2001  46 

Cashie  River;  dutch  nets . , .  1981  39 

Goose  Creek  and  tributaries;  drag-  or  haul-nets  unlawful  2002  46 

Little  Contentnea  Creek;  obstructions  and  traps  in .  2006  47 

Little  River,  dividing  Pasquotank  and  Perquimans 

counties;  obstructions  in .  2003  46 

Lumber  River  and  tributaries: 

close  season  for  traps .  2004  46 

fishing  regulated  .  2005  47 

Mingo  Creek;  fishing  regulated .  1993  44 


Index 


Local — 


-anio  SECTION 

Moccasin  River;  obstructions  and  traps .  2006 

Neuse  River: 

nets  regulated  .  1989 

obstructing  fish  . . .  2009 

pod  and  dutch  nets  regulated .  1990 

pound,  pod  and  dutch  nets  regulated. .  1990 

stationary,  set  or  dutch  nets .  2007 

stationary  trap  nets  regulated .  2010 

Neuse  River  and  tributaries;  size  of  seine  bars  regulated  2008 

Northeast  Cape  Fear;  obstructing  passage  of  fish .  2000 

Northeast  Cape  Fear,  in  Pender  County: 

lay  days  in .  2000 

seines  and  nets  in .  2000 

Northeast  River: 


nets  in  .  1999 

Oyster  Creek  and  tributaries;  drag-  or  haul-nets  unlawful  2002 
Pamlico  River: 

nets  regulated  .  1989 

stationary  nets  regulated . , .  2013 


Pamlico  River  and  tributaries: 

lay  days  . 

use  of  stationary  nets  regulated . 

Pasquotank  River;  nets  in  certain  parts  of . 

Perquimans  River: 

net  stakes  . . 

seines,  nets  and  hedges  regulated . 

Roanoke  River;  drift  nets  regulated . 

Smith’s  Creek  and  tributaries  in  Pamlico  County;  drag- 

and  haul-nets  regulated . . . - . 

Scuppernong  River: 

nets  near  Norfolk  Southern  Railroad  bridge . 

nets  obstructing  channel  or  near  bridges . 

Scuppernong  River  and  Lake  Phelps;  stationary  nets 

regulated  . - . - . 

Scuppernong  River  and  tributaries;  obstructions  and 

nets  . 

Six  Runs  River: 

fishing  regulated  . 

obstructing  fish-ways  . 

Tar  River;  nets  regulated . 

Tar  River  and  tributaries: 

lay  days  . 

use  of  stationary  nets  regulated . 

Trent  River: 

size  of  seine  bars  regulated . 

stationary,  set  or  dutch  nets . 

use  of  nets  regulated . 

Maps,  Fisheries  Commissioner  to  prepare  and  file . 


2012 

2011 

2070 

1978 

2014 

2015 

1990 

2019 

2017 

2016 

2018 

1995 

1995 

1989 

2012 

2011 

2008 

2007 

2020 
1883 


Menhaden: 

fishing  for,  forbidden  to  nonresidents . 

nets  for,  regulated . ------ 

purchase  of,  when  caught  by  nonresidents 

Mountain  trout,  close  season  for . 


1966 

1967 
1966 
2078 


TO'pf  a  • 

anchor  nets;  in  certain  parts  Albemarle  Sound. 

drift  nets:  ,  ,  _  , 

in  certain  parts  Albemarle  Sound . 

regulated  in  certain  waters  . . -  ----- . ■--- 

dutch  nets;  in  certain  parts  ot  Albemarle  Sound. 


1984 


1984 
1980 

1985 


73 


PAGE 

47 

42 

48 
42 
42 

47 

48 

48 
46 

46 

46 

45 

46 

42 

49 

49 

48 
61 

38: 

49 

49 

42 

50 
5b 

49 

50 

44 

44 

42 


49 
48 

48 

47 

50 

11 


33 

34 
33 
62 


41 

41 

39 

41 


74 


Index 


Nets: 

gill  nets:  section  page 

in  Albemarle  Sound .  1982  40 

in  Albemarle  Sound,  off  Tyrrell  County . ~ . - .  1983  40 

used  in  violation  of  law;  Fisheries  Commissoiner  to  seize  1982  40 

injury  to,  by  vessel;  penalty  for .  1972  35 

larceny  of  fish  from .  1971  35 

pound  nets;  in  certain  parts  of  Albemarle  Sound .  1985  41 

regulated  in  inlets.... .  1977  37 

shirred  nets,  boats  using;  license  for .  1890  13 

stake  nets;  in  certain  parts  Albemarle  Sound .  1984  41 

Nets  and  net  stakes  in  Albemarle  Sound  and  tributaries .  1981  39 

Net  stakes  in  certain  waters  removed .  1978  38 

Oyster  bed: 

defined  . 1902  16 

-  public;  commissioners  to  buy  shells  for .  1932  25 

real  property  for  taxation,  etc .  1919  21 

Oyster  boats,  licenses  for.. .  1889  13 

Oyster  boats,  regulations  for,  in  certain  canals .  1942  27 

Oyster  Commissioner  . . 1866  7 

Oyster  Commission  Fund  transferred  to  Fisheries  Commission 

Fund  . 1877  9 

Oyster  culture: 

leases  of  bottoms  for .  1903  17 

areas  leased  . :.......  1905  17 

forfeiture  for  nonpayment  of  rent .  1911  19 

lessee  to  be  citizen .  1904  17 

nature  of  lessee’s  rights .  1909  19 

notice  and  filing .  1907  18 

prerequisites  for  lease . 1906  17 

propagation  .  1932a  25 

renewal  of  lease .  1910  19 

term  and  rental .  1908  18 

transfer  of  . 1909  19 

Oyster  dealers  to  keep  records .  1921  22 

Oysters: 

catching  for  lime .  1939  27 

catching  on  Sunday  or  at  night . 1940  27 

close  season  for;  exceptions .  1920  22 

culling  required;  size  limit . « .  1928  24 

local  modifications  . 1929  24 

dredging: 

illegal  prohibited  . 1926  23 

*  evidence  of,  what  is . ; . 1926  23 

regulated  as  to  territory  and  season .  1925  23 

license  required  to  gather,  in  Brunswick  County .  2034  53 

licenses: 

boats  failing  to  show  license  for,  on  demand .  1937  26 

boats;  use  of  unlicensed .  1936  26 

dealers  . < .  1917  21 

dealing  in,  without . . .  1935  26 

false  number  displayed  on  boat .  1938  26 

licensee  must  be  bona  fide  resident .  1915  20 

monthly  reports  of,  filed .  1918  21 

nonresidents  not  to  be  employed  on  licensed  boats .  1915  20 

oath  of  applicant . . 1913, 1914  20 

perjury  in  application  for .  1933  26 

restricted  to  citizens  of  State . ,  1889  13 

taking  without  . . .  1934  26 

to  take  .  1913, 1914  20 


Index 


Oysters : 

measures  for  . ; . 

local  modifications  as  to . 

unlawful  measures  prohibited . 

unlawful  measures,  use  of . 

planting: 

unculled  from  natural  rocks  any  time  for . 

unculled  may  be  taken  for,  any  time  by  residents . 

unculled  may  be  taken  for,  by  residents . . . 

tax  on,  exported  from  State . 

unculled: 

permitted  to  residents  for  planting . 

purchase  of . . . 

sale  or  transportation . 

seized  and  scattered  on  public  grounds . 

seized;  cost  of  seizure,  etc.,  lien  on  vessel  or  train  con¬ 
taining  . 

vessel  or  train  containing,  seized . 

costs  of  seizure,  etc.,  a  lien . . 

towing  charges;  exceptions  to . 

unloading  on  Sunday  or  at  night . 1 . 

Packer’s  license  . . 

Poison  in  streams . 

Poison,  use  of,  in  taking  fish . 

Prohibited  areas,  interference  with  markings  of . 

Purchase  tax: 

collection  . 

nonpayment;  penalty  . 

on  dealers  and  packers . . . 

schedule*  . . . 

Purse  seines,  boats  using;  license  for . 

Regulated  by  Fisheries  Commission  Board . 

Regulations  as  to,  by  Fisheries  Commission: 

affecting  existing  interests . 

changes  in;  hearing  before . 

printed  and  furnished  licensees . 

published  . 

Rentals;  disposition  . . . . 

Salt  fish : 

inspectors  and  inspection . . . . 

packages  marked,  how . 

salt  mullet;  packages  marked,  how . 

weight  on  package;  sold  by  weight . 

Scientific  investigations,  fish  for . 

Seines  prohibited  to  nonresidents . 

Shellfish: 

larceny  of  . 

resident  may  catch  for  own  use . 

sale  without  license;  penalty . 

trespass  on  grounds,  etc . . . - . 

Shellfish  Commission  . 

Shellfish  Commissioner  . . . v . 

Shipment  of  water  products  regulated  by  Fisheries  Commis¬ 
sion  Board  . 

Sluiceways  . . . . . 

penalty  for  failure  to  construct  after  notice . 

regulation  and  enforcement . 

Statistics: 

Commission  makes  regulations  to  procure . 

dealers  and  packers  to  keep  and  furnish . 

duty  of  Fisheries  Commissioner  as  to . 

fisherman  failing  to  furnish . 


SECTION 

75 

PAGE 

22 

22 

....  1924 

23 

22 

....  1931 

24 

....  1930 

24 

....  1930 

24 

....  1916 

21 

....  1930 

24 

27 

....  1943 

27 

....  1931 

24 

....  1931 

24 

.....  1931 

24 

....  1931 

24 

....  1931 

24 

....  1941 

27 

....  1892 

14 

....  1968 

34 

....  1897 

16 

....  1896 

15 

....  1893 

15 

....  1893 

15 

....  1893 

15 

....  1893 

15 

....  1890 

13 

....  1878 

10 

....  1879 

10 

....  1880 

10 

....  1894 

15 

.  1878 

10 

..  1875 

9 

....  1960 

31 

....  1962 

32 

....  1962 

32 

....  1961 

31 

....  1886 

12 

....  1965 

33 

....  1945 

28 

....  1888 

13 

....  1888 

13 

....  1946 

28 

....  1866 

7 

....  1866 

7 

....  1881 

11 

....  1975 

36 

....  1876 

36 

....  1976 

37 

....  1883 

11 

.  1895 

15 

....  1883 

11 

.  1883 

11 

76 


Index 


SECTION  PAGE 

Sunday;  fishing  with  seine  or  net  on . .. .  1970  35 

Surveys  of  prohibited  waters  made  by  Fisheries  Commissioner..  1883  11 

Taxes;  disposition  .  1875  9 

Terrapin: 

diamond-back  terrapin  protected .  1958  30 

drag-nets,  catching  with,  by  nonresidents .  1957  30 

license  required  to  gather,  in  Brunswick  County .  2034  53 

Violations  of  fish  laws: 

appliances  removed  pending  trial .  1883  11 

appliances  seized  and  sold;  application  of  proceeds .  1884  12 

arrest  by  commissioner  or  assistants,  etc .  1885  12 

investigation  by  Fisheries  Commissioner .  1884  12 

prosecuted  by  Fisheries  Commissioner .  1883  11 

Waters,  deleterious  discharge  into .  1899  16 


Photomount 
Pamphlet 
Binder 
Gaylord  Bros. 
Makers 

Syracuse,  N.  Y. 
PAT.  JAN  21.  1908 


FOR  USE  ONLY  IN 

THE  NORTH  CAROLINA  COLLECTION 


UNIVERSITY  OF  N.C.  AT  CHAPEL  HILL 


